The eye care provider hasn’t admitted any wrongdoing but agreed to the settlement to resolve the class action lawsuit.
The $3.45 million settlement resolves claims that Nationwide Vision failed to protect patients and employees from the breach.
It benefits both current and former patients, as well as employees and covered dependents of Nationwide Optometry, Nationwide Vision Center, and Sightcare whose information may have been compromised.
The lawsuit claims that Nationwide and Sightcare failed to implement reasonable cybersecurity measures to prevent the data breach.
COMPENSATION
Under the terms of the settlement, class members can receive either a pro rata cash payment or reimbursement for actual data breach losses.
The former option is estimated to be around $50 per class member.
The true amount of payment will not be decided until all claims have been filed and a court has issued final approval of the settlement.
Those who experience data breach losses such as credit expenses, unreimbursed financial losses, lost time, and more must show receipt to prove this when filing a claim.
For ordinary expenses, claimants will receive no more than $300.
In addition, individuals can receive a maximum of $100 for lost time.
Class members with extraordinary losses may receive up to $5,400.
Claimants can also receive two years of free credit and identity theft monitoring.
What's a class-action settlement?
Class action lawsuits offer groups of people, or 'classes,' a way to band together in court.
These suits are often brought by one or a few people who allege a company or other entity has wronged a large group of people.
When a suit becomes a class action, it extends to all “class members,” or people who may have similar complaints to those who filed the suit.
Companies often settle class actions – offering payment to class members who typically waive their right to pursue further legal action by accepting money.
These payout agreements frequently include statements by the defendant denying wrongdoing. Companies tend to settle class actions to avoid the costs of further litigation.
Pollution, discrimination, or false advertising are a few examples of what can land a class action on a company’s doorstep.
WHO IS ELIGIBLE
Both current and former patients, as well as employees and members who believe their information was compromised between April 2020 and May 2020, can file a claim.
Claimants must have at least one of these forms of evidence to prove they experienced losses from the data breach – account statements, credit reports, communication charges, travel expenses, and tax records.
The deadline to file a claim, however, is fast approaching.
Americans have until September 23 2024 to file a claim.
The final approval hearing for the settlement has been scheduled for October 15.
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