20/20 Eye Care and Hearing Care Data Breach Class Action Settlement

A settlement has been reached in a class action lawsuit against 20/20 Eye Care Network, Inc. (“ECN”) and its parent company iCare Acquisition (“Defendants”), arising out of the security incident which occurred in January 2021 affecting ECN’s data environment containing certain patient information (the “Data Incident”). After an investigation, Defendants found that a still-unknown individual accessed ECN’s data environment without authorization and removed and deleted certain patient information stored there. In addition, because ECN shared that data environment with 20/20 Hearing Care Network, Inc. (“HCN”), certain Hearing Care patient information was also removed and then deleted.

You may have received a notice because you may be a Settlement Class Member. The Settlement Class is defined as all persons who were sent a notification from either ECN or HCN as a result of the Data Incident.

What does the Settlement Provide?

The Defendants will pay $3,000,000.00 into a Settlement Fund, out of which benefits will be distributed to Class Members who submit valid claims, and after attorneys’ fees and expenses for Class Counsel are paid. The Settlement Fund will provide Class Members with an optional $50.00 cash payment (subject to proration based on the number of valid claims), or in the alternative, thirty-six (36) months of identity monitoring protection at the Class Members’ election. Class Members must make a claim to collect their cash payment or to register for the identity monitoring protection.

In addition, Settlement Class Members can receive up to $2,500.00 in reimbursement for out-of-pocket losses and up to $25.00 per hour for up to ten (10) hours of Lost Time. And, if you experienced an incident(s) of actual identity fraud as a result of the Data Incident, you may submit a claim for reimbursement. These benefits are also subject to proration, depending on the number and amounts of valid claims. Eligible claimants may be entitled to recover for losses of up to $5,000.00 per individual upon documentation of actual identity fraud related to the Data Incident, up to an aggregate maximum of $600,000.00.

Your Legal Rights and Options in This Lawsuit

Submit a Claim Form online or postmarked by May 1, 2023	The only way to get a payment. You must make an election of the benefits you want to receive.
Object to the Settlement by April 3, 2023	You can write the Court about why you like or do not like the Settlement. However, filing an objection means you will still be bound by the Settlement terms. The Court cannot change or order a different settlement. You can also ask to speak to the Court about the Settlement at the Final Approval Hearing on June 22, 2023, about the fairness of the Settlement, with or without your own attorney.
Exclude Yourself from the Settlement (“Opt Out”) by April 3, 2023	Get no payment. This is the only option that allows you to keep your right to bring any other lawsuit against the Defendants if you are a Class Member. You can exclude yourself from the Settlement by sending written notice to the Settlement Administrator of your intention to opt out, as long as your notice is postmarked by April 3, 2023. If you do opt out of the Settlement, you will not be bound by its terms. If you do not exclude yourself from the Settlement, you will remain in the Class and will give up the right to sue ECN and iCare for the claims resolved by the Settlement.
Do Nothing	If you do nothing, you will be bound by the terms of the Settlement. You will not get a payment or the identity monitoring service, nor will you be reimbursed for any out-of-pocket losses unless you file a Claim Form and select one of those options.

These rights and options—and the deadlines to exercise them—are explained further on the Frequently Asked Questions (FAQs) page of this website.