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

A court authorized the Notice you received because the individuals described in FAQ 5 have the right to know about a legal settlement. As a Class Member, you could have been eligible to receive a payment for: 1) reimbursement of out-of-pocket expenses and Lost Time; 2) either 36 months of identity monitoring services or an alternative cash payment of $50.00; and 3) payment for losses due to actual identity theft.

To view a copy of the Notice, click here.

In January 2021, 20/20 Eye Care Network, Inc. (“ECN”) experienced an unauthorized access to its data environment whereby someone removed and then 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.

Following notice of the Data Incident, multiple class action lawsuits were filed against ECN and its parent company iCare. All of those class actions were consolidated, resulting in a single, consolidated class action with the following named Plaintiffs: Stephany Alcala, Benjamin J. Liang; Amber Lowe, on behalf of herself and her minor children C.B., K.B., M.B. and G.M.; and David Runkle (the “Representative Plaintiffs”).The Representative Plaintiffs filed a First Amended Consolidated Class Action Complaint alleging negligence, unjust enrichment, breach of confidence and violations of Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”) related to injuries they alleged to have sustained arising from the Data Incident. The Court found that Plaintiffs had standing to sue, and Plaintiffs’ claims were dismissed by the Court with the right to replead.

The Representative Plaintiffs then filed a Second Amended Consolidated Class Action Complaint, this time alleging multiple negligence claims and one claim for violation of FDUTPA. Defendants again sought to dismiss the Second Amended Consolidated Complaint. While Defendants’ dismissal motion was pending, the Parties explored the possibility of a resolution without further litigation, through settlement. After a full day of mediation and more than two months of post-mediation negotiations, the Parties arrived at the settlement terms detailed herein.

In a class action the plaintiffs act as “Class Representatives” and sue on behalf of themselves and other people who have similar claims. This group of people is called the “Class,” and the people in the Class are called “Class Members” or the “Settlement Class.” One court resolves the issues for all Class Members, except for people who exclude themselves from the Class. Judge Rodolfo Ruiz II of the United States District Court for the Southern District of Florida is in charge of this case. The case is Wenston Desue, et al. v. 20/20 Eye Care Network, Inc., et al., No. 21 cv 61275-RAR (S.D. Fla.). The people who sued are called the Plaintiffs. The entities they sued—ECN and iCare—are called the Defendants.

The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a Settlement. That way, they avoid the costs and risks of a trial, and Class Members can get benefits or compensation. The Class Representatives and Class Counsel think the Settlement is in the best interest of the Class.

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.”

A Person is a living natural person who is not an employee of any of the Defendants and who is a resident of the United States.

If you are not sure you are included in the Settlement Class, you can ask for free help by calling the Settlement Administrator, which is a company called Epiq Class Action & Claims Solutions, Inc. (“Epiq”), toll-free at 1-877-624-2227 for more information.

The Defendants paid $3,000,000.00 into a Settlement Fund, which will be distributed to Class Members who submitted valid claims after attorneys’ fees and litigation expenses of Class Counsel are paid. No matter how many or how few claims are submitted, the amount of the Settlement Fund will not change and none of the money will come back to the Defendants.

The Settlement Fund will provide Class Members with an optional $50.00 cash payment, which will be prorated based on the number of claims, or in the alternative thirty-six (36) months of identity monitoring protection. Class Members must have made a claim to collect their cash payment or to register for the identity theft monitoring protection.

In addition, the Settlement Fund will cover Class Members’ valid claims for documented out-of- pocket expenses and Lost Time spent:

1. To purchase a credit monitoring product, credit or identity theft protection product, or other product or service designed to identify or remediate the Data Incident;
2. To access, freeze or unfreeze a credit report with a credit reporting agency;
3. As a result of an identity theft incident or to mitigate an identity theft incident; or
4. Any other time reasonably spent addressing issues related to the Data Incident.

Eligible claimants will 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. Reimbursement for claims for Lost Time and out-of-pocket losses are also subject to proration based upon the number of valid claims.

Defendants also agree to reimburse Class Members who experience actual identity theft as a result of the Data Incident and make a claim for reimbursement. Eligible claimants may be entitled to losses of up to $5,000.00 per individual upon documentation of actual identity fraud. Defendants’ agreement to reimburse Class Members for actual identity theft is limited to a gross maximum of $600,000.00. These claims will be paid separately from the Settlement Fund.

Defendants will pay for the costs of notice and administration outside the Settlement Fund as well.

The payments for Class Members who submit a valid Claim will be made by either an electronic payment or check at the Class Member’s election.

If you are a Class Member (see FAQ 5), unless you excluded yourself with an opt-out request (see FAQ 17), you cannot sue, continue to sue, or be part of any other lawsuit against Defendants about the issues in this case. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The entire text of the Settlement Agreement can be viewed here.

The deadline to submit a claim was May 1, 2023.

The Court granted final approval to this Settlement on July 8, 2023. Disbursement to qualified claimants will occur on or about October 6, 2023.

The Court appointed Gayle Blatt of the law firm Casey Gerry Schenk Francavilla Blatt & Penfield LLP and Bryan Bleichner of the law firm Chestnut Cambronne PA,; Dorothy P. Antullis of Robbins, Geller, Rudman & Dowd LLP; Jean S. Martin of Morgan & Morgan, P.A.; Terence R. Coates of Markovits, Stock and DeMarco, LLC; Joseph M. Lyon of the Lyon Firm, Nathan D. Prosser of Hellmuth & Johnson PLLC; and M. Anderson Berry of Clayeo C. Arnold, A Professional Law Corp. as attorneys to represent the Class. These lawyers are called Class Counsel. You will not be charged for their services.

The attorneys representing the Class were awarded $750,000, which is twenty-five percent (25%) of the Settlement Fund, for their legal services, and $10,754.15 for costs and out-of-pocket expenses they have incurred.

The deadline to exclude yourself from the Settlement was April 3, 2023.

No. If you are a Class Member (see FAQ 5), unless you opted out, you gave up the right to sue ECN and iCare for the claims resolved by the Settlement. So, if you are a Class Member and you want to try to pursue your own lawsuit, you must opt out.

If you opted out of the Settlement, you will not have any rights as a member of the Class under the Settlement; you will not receive any payment as part of the Settlement; you will not be bound by any further orders or judgments in this case; and you will keep the right, if any, to sue on the claims alleged in the case at your own expense.

The deadline to object to the Settlement was April 3, 2023.

Objecting is telling the Court that you don’t like something about the Settlement. You can object to the Settlement only if you are a Class Member and do not opt out of the Settlement. Opting out of the Settlement is telling the Court that you don’t want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because it does not affect you. You cannot both opt out of and object to the Settlement.

The Court granted final approval to this Settlement on July 8, 2023. Disbursement to qualified claimants will occur on or about October 6, 2023.

If you’ve done nothing and you are a Class Member, you will get no money from this Settlement, and you will not be able to sue the Defendants for the conduct alleged in this case. If you experienced Identity Fraud within three years of the Effective Date of the Settlement, you may contact IDX at 1-800-298-7558 for assistance with identity restoration, but the identity restoration through IDX is the only benefit you can receive if you did not file a valid and timely claim. If you’ve done nothing and you are not a Class Member, the Settlement will not affect or release any individual claim you may have. If you received a Notice addressed to you, then you are a Class Member.

If you received an email from noreply@epiqpay.com, it is because you were determined to be eligible for a payment in a class action settlement. By default, individuals eligible for payments will receive an email informing them that in a few days they will receive an email containing a link to claim their payment. This is normal. If you claim a payment through EpiqPay, you will also receive one or more follow up emails from our payment partners, Tremendous or Digital Torana, confirming the status of your payment. If you do not immediately claim your payment, you may also receive one or more reminder emails.

EpiqPay is the official digital payment platform for the 20/20 Eye Care Data Breach Settlement, Epiq Class Action and Claims Solutions. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their award. General information about EpiqPay is available at https://www.epiqglobal.com/en-us/technologies/epiq-pay.

Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a ‘Claim Payment’ link. If you click the ‘Claim Payment’ link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner rewards@tremendous.com letting you know your payment is ‘in process’. Contact information for our payment partners is available on these notifications in case you experience any issues receiving your digital award.

Emails regarding digital payments for this matter will commence on October 6, 2023. On October 6, 2023, you will receive payment notification emails containing a link to claim your payment electronically. Digital payments will be available to claim through December 6, 2023. During this window, Epiq digital payment emails will be sent from noreply@Epiqpay.com, so please review your inbox for messages from that email address. Due to variability in individual recipient email account spam and junk security settings, users are encouraged to review their junk and spam folders in case the digital payment emails went to those locations.

No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.

If you do not claim your digital payment by the expiry date, then you will have to request your payment be reissued as a check. You can send your reissue request by mail to:

20/20 Eye Care Data Breach Settlement
Settlement Administrator
P.O. Box 2960
Portland, OR 97208-2960

Please include your name, old and new email addresses, and your current mailing address information. Payment conversion reissue requests take up to 4-8 weeks to process, so please be patient while we process your request.

The digital payment options presented to you when you click ‘Claim Payment’ in your EpiqPay email are the only options available to you under this Settlement. If none of the options presented to you on the selection screen are of interest to you, you will need to send a reissue request by mail to:

20/20 Eye Care Data Breach Settlement
Settlement Administrator
P.O. Box 2960
Portland, OR 97208-2960

Please include your name, old and new email addresses, and your current mailing address information. Payment conversion reissue requests take up to 4-8 weeks to process, so please be patient while we process your request.

If you unsubscribe from any of the payment emails you receive on this matter, you will no longer be able to claim your payment digitally. If you unsubscribed from receiving digital payment notifications from EpiqPay, but would like to receive a paper check reissue, you will need to send a reissue request by mail to:

20/20 Eye Care Data Breach Settlement
Settlement Administrator
P.O. Box 2960
Portland, OR 97208-2960

Please include your name, old and new email addresses, and your current mailing address information. Payment conversion reissue requests take up to 4-8 weeks to process, so please be patient while we process your request.

Yes, if you would like your EpiqPay payment reissued as a check, you can send your reissue request by mail to:

20/20 Eye Care Data Breach Settlement
Settlement Administrator
P.O. Box 2960
Portland, OR 97208-2960

Please include your name, old and new email addresses, and your current mailing address information. Payment conversion reissue requests take 4-8 weeks to process, so please be patient while we process your request.

This website has answers to questions about the Settlement and other information to help you determine whether you were eligible for a payment.

You can also call or write to the Settlement Administrator at:

20/20 Eye Care Data Breach Settlement
Settlement Administrator
P.O. Box 2960
Portland, OR 97208-2960
1-877-624-2227
info@2020EyeCareDataBreach.com

Class Counsel can be reached as follows:

To update your address, you can call the Settlement Administrator toll-free at 1-877-624-2227. Once the agent verifies your identity, your address can be updated in the system.

Yes. The Notice you received summarizes the proposed Settlement. More details are in the Settlement Agreement and other case documents. You can get a copy of these documents here; by accessing the docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.flsd.uscourts.gov/; or by visiting the office of the Clerk of the Court for the United States District Court for the Southern District of Florida, 299 East Broward Boulevard, Room 108, Fort Lauderdale, FL 33301 between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.