Tate, et al. v. EyeMed Vision Care, LLC

• You may be eligible to receive a payment from a proposed $5,000,000 non-reversionary class action settlement (the “Settlement Fund”).
   

• The class action lawsuit claims that EyeMed failed to use appropriate data security and the failure led to a data breach by an unauthorized third-party (the “Data Incident”). The lawsuit further claimed that the unauthorized third-party gained access to EyeMed data that included patients’ names, contact details, dates of birth, health insurance account and identification numbers, Medicaid or Medicare numbers, driver’s licenses, and other government identification numbers (referred to in the settlement as “Personal Data”). The lawsuit claims that Plaintiffs were injured as a result of that data incident. The Plaintiffs brought the lawsuit as a class action case meaning the lawsuit and settlement are also on behalf number of people who are similarly situated to Plaintiffs – people whose data was accessed during the data breach of EyeMed Vision Care. EyeMed denies any wrongdoing and denies that it has any liability but has agreed to settle the lawsuit on a class wide basis.
   

• To be eligible to make a Claim, you must have received a notice letter of the EyeMed Data Incident that occurred in June 2020.
   

• Eligible Claimants under the Settlement Agreement will be eligible to receive one, two, and/or three of the following Settlement benefits:

❖    Pro Rata Cash Payment: $50 (estimated) cash payment from the Settlement Fund that will be increased or decreased pro rata depending on the amount remaining in the Settlement Fund after allocation of the Settlement Fund for reimbursement of documented Out-of-Pocket Loss Claims, payments for Lost Time Claims, attorneys’ fees and expenses, and notice and Cost of Settlement Administration.
 

❖    Lost Time: Compensation of up to $100 for time spent dealing with issues related to the Data Incident, including but not limited to reviewing your accounts, enrolling in credit protection services, or responding to fraud, identity theft, or other alleged misuse of your personal information that is fairly traceable to the Data Incident. Claims for lost time can be combined with Out-of-Pocket Loss Claims but are subject to the $10,000 cap. All payments to Class Members for Valid Claims under the settlement might be reduced pro rata, including those for Out-of-Pocket Losses and Lost Time, depending on the total number of Valid Claims submitted.
 

❖    Out-of-Pocket Expenses: Reimbursement for the actual amount of unreimbursed out-of-pocket Monetary Losses up to $10,000, with supporting documentation of the Monetary Losses or expenses.