Frequently Asked Questions

The Court authorized this Settlement Website because you have a right to know about the Settlement, and all of your options, before the Court decides whether to give “Final Approval Order” to the Settlement. This Settlement Website explains the nature of the lawsuit that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

Judge Douglas R. Cole of the United States District Court for the Southern District of Ohio is the judge for the case captioned as Tate, et al. v. EyeMed Vision Care, LLC, Case No. 1:21-cv-36. The individuals who brought the lawsuit, Plaintiffs Chandra Tate, Barbara Whittom, and Alexus Wynn, are called the Plaintiffs. The entity being sued, EyeMed, is called the Defendant.
 

The lawsuit claims that Defendant was responsible for the Data Incident and that Plaintiffs were injured as a result of the Data Incident.

Defendant denies these claims and says it did not do anything wrong. No court or other judicial entity has made any judgment or other determination that Defendant has any liability for these claims or did anything wrong.

In a class action, one or more people called Class Representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class, and the individuals are called Class Members. One Court resolves the issues for all Class Members, except for those who exclude themselves from the class.

The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agreed to the Settlement. The Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to members of the Class (“Class Members”). The Class Representatives appointed to represent the Class and the attorneys for the Class (“Class Counsel,” see FAQ 18) think the Settlement is best for all Class Members.

You are affected by the Settlement and potentially a member of the Class if you reside in the United States and are person to whom EyeMed issued notice of the Data Incident that certain Personal Data was impacted in the Data Incident.  

Only Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Class are (1) the judge presiding over the class action lawsuit and his direct family members; (2) the Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest and their current or former officers, directors, and employees; and (3) Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.
 

If you are not sure whether you are included in the Settlement, you may call (833) 621-8389 with questions.  You may also write with questions to:

Tate v EyeMed Vision Care LLC
c/o Kroll Settlement Administration
P.O Box 225391
New York, NY 10150-5391 
 

The Settlement provides that Defendant will fund the following payments up to a total of $5,000,000. (a) a pro rata estimated $50 payment, subject to adjustment as set forth below; (b) $25 per hour for up to 4 hours, up to a total of $100, for Class Members who attest that the time claimed was actually spent as a result of the Data Incident; and (c) up to $10,000 for reimbursement of your documented Out-of-Pocket Expenses reasonably traceable to the Data Incident. The up to $100 for lost time is included in the $10,000 overall cap for reimbursement of documented Out-of-Pocket Expenses. The potential $50 pro rata payment is in addition to the $10,000 cap for reimbursement of Out-of-Pocket Expenses.  

The estimated $50 pro rata payment will be dispersed after the distribution of attorneys’ fees, Class Counsel’s litigation expenses, Notice and Cost of Settlement Administration, Service Awards to Class Representatives, and other Settlement benefits to Claimants. The other Settlement benefits are also subject to pro rata reduction as needed in the event that the total claims exceed the $5,000,000 cap on payments to be made by Defendant, and payments may also be increased on a pro rata basis until the Settlement Fund is distributed. Payment of (1) attorneys’ fees, costs, and expenses (see FAQ (19) and (2) the costs of notifying the Class and administering the Settlement will also be paid out of the Settlement Fund.

The Settlement also provides for Defendant’s business practice changes, including, but not limited to, (1) enhanced authorization requirements for individuals with access to Defendant’s network; (2) providing additional mandatory security awareness training to Defendant’s employees and provided reminders to all employees of the password complexity requirements; (3) updating Defendant’s internal password reset requirements; (4) adding additional auditing mechanisms to identify weak passwords; (5) converting the mailbox at issue in the Data Incident to a delegated account; (6) enhanced Defendant’s multi-factor authentication protocols; (7) shortening retention period for the mailbox at issue in the Data Incident; and (8) engaging a third-party vendor to perform an updated HIPAA security risk assessment.

After any Settlement payments are distributed to Settlement Class Members who submitted valid claims under the Settlement, any unredeemed Settlement Payments will treated as Remainder Funds under the Settlement Agreement and will be distributed to the unclaimed property fund of the respective state for each Class Member who submitted a Valid Claim. To the extent the distribution of Remainder Funds to the state unclaimed funds department is economically infeasible (i.e. the cost of distributing the funds by the Settlement Administrator is higher or substantially all of the Remainder Funds), the Parties plan to petition the Court for approval of a cy pres distribution of the Remainder Funds to the Electronic Privacy Information Center (“EPIC”). EPIC is a non-profit organization focusing on digital and electronic privacy.  More information about EPIC may be found by accessing: https://epic.org/.
 

Class Members who submit a Claim are eligible to receive:

1. A potential residual cash payment of the Remainder Funds, which is estimated to be $50 but may adjusted upward or downward pro rata based on how many other claims are made.
2. Compensation for time spent (lost time) remedying issues related to the Data Incident, up to 4 hours at $25.00/hour for time spent in response to the Data Incident for a total amount of up to $100.
3. Reimbursement of actual, documented, unreimbursed Out-of-Pocket Expenses resulting from the Data Incident (up to $10,000 in total), such as the following incurred on or after June 24, 2020:

• Unreimbursed losses relating to fraud or identity theft;
• Professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services;
• Costs associated with freezing or unfreezing credit with any credit reporting agency;
•  Credit monitoring costs that were incurred on or after the Data Incident through the date of claim submission;
• Parking expenses or other transportation expenses for trips to a financial institution to address fraudulent charges or receive a replacement payment card;
• Instances of verified fraud such as fraudulent bank or credit card charges, fraudulent tax filings, fraudulent opening/closing of bank or credit accounts, unemployment filings, or other fraudulent actions taken using your information from the Data Incident;
• Miscellaneous expenses such as notary, fax, postage, copying, mileage, fuel, and long-distance telephone charges; and
• Other expenses that are reasonably attributable to the Data Incident that were not reimbursed.
   

To receive a benefit under the Settlement, you must complete and submit a claim for that benefit (a “Claim”). Every Claim must be made on a form (“Claim Form”) available at this Settlement Website. or by calling (833) 621-8389. Claim Forms will also be sent to Class Members as part of the postcard notice and tear-off Claim Form that will be mailed to Class Members. 

Read the instructions carefully, fill out the Claim Form, provide the required documentation, and submit it according to the instructions on the Claim Form.

The Settlement Administrator will decide whether and to what extent any Claim made on each Claim Form is valid. The Settlement Administrator may require additional information. If you do not provide the additional information in a timely manner, then the Claim will be considered invalid and will not be paid.

The Court will hold a Final Approval Hearing on January 07, 2025, at 1:00 p.m. EST to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving those can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed.  Please be patient.

The Defendant gets a release from all claims covered by this Settlement. Thus, if the Settlement becomes final and you do not exclude yourself from the Settlement, you will be a Class Member and you will give up your right to sue Defendant and other persons (“Released Entities”) as to all claims (“Released Claims”) arising out of or relating to the Data Incident. This release is described in the Settlement Agreement, which is available at the Documents section of this Settlement Website. If you have any questions you can talk to the law firms listed in FAQ 18 for free or you can talk to your own lawyer.

No.  If you exclude yourself you will not be entitled to receive any benefits from the Settlement, but you will not be bound by any judgment or release in this case.

No. Unless you exclude yourself, you give up any right to sue Defendant (and any other Released Parties) for the claims that this Settlement resolves. You must exclude yourself from the Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you want to exclude yourself, then do not submit a Claim Form to ask for any benefit under the Settlement.

To exclude yourself, send a letter that says you want to be excluded or opt-out from the Settlement in Tate, et al. v. EyeMed Vision Care, LLC, Case No. 1:21-cv-36, United States District Court, Southern District of Ohio. The letter must: (a) state your full name, address, and telephone number; (b) contain your personal and original signature or the original signature of a person authorized by law to act on your behalf; and (c) state unequivocally your intent to be excluded from the Settlement. You must mail your exclusion request postmarked by November 11, 2025, to:

Tate v EyeMed Vision Care LLC
c/o Kroll Settlement Administration
Attn: Exclusion Request
P.O Box 225391
New York, NY 10150-5391
 

You can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. The Court will consider your views in its decision on whether to approve the Settlement. The Court can only approve or deny the Settlement and cannot change its terms. To object, you must mail your objection to the Clerk of the Court and the Settlement Administrator, at the mailing addresses listed below, postmarked by no later than the Objection Deadline, November 11, 2025:

Your objection must be written and must include all of the following: (i) the case name and docket number, Tate, et al. v. EyeMed Vision Care, LLC, Case No. 1:21-cv-36 (S.D. Ohio); (iii) information identifying the objector as a Class Member, including proof that the objector is a member of the Class (e.g., copy of the objector’s settlement notice, copy of original notice of the Data Incident, or a statement explaining why the objector believes he or she is a Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any and all counsel representing the objector in connection with the objection; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Approval Hearing; and (vii) the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative (if any) representing him or her in connection with the objection. 

Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you are a Class Member. Excluding yourself is telling the Court that you do not want to be part of the Class and do not want to receive any payment from the Settlement. If you exclude yourself, then you have no basis to object because you are no longer a member of the Class and the case no longer affects you. If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed Bryan L. Bleichner of Chestnut Cambronne PA and Lori G. Feldman of George Feldman McDonald, PLLC as Class Counsel to represent the Class. If you want to be represented by your own lawyer, then you may hire one at your own expense.

Class Counsel will ask the Court for an award for attorneys’ fees up to $1,666,666.66 plus litigation expenses not to exceed $50,000. Defendant has agreed not to object to any award of attorneys’ fees, costs, and expenses up to those amounts, to the extent they are approved by the Court. This payment for any attorneys’ fees and expenses to Class Counsel will be made out of the Settlement Fund. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis. 

Furthermore, the three Class Representatives will seek up to $2,500 each as Service Awards for the time and effort they have expended on behalf of the Class in pursuit of this class action lawsuit and in achieving the proposed $5,000,000 non-reversionary common fund Settlement.

Any award for attorneys’ fees and expenses for Class Counsel and/or Class Representative Service Awards must be approved by the Court. The Court may award less than the amount requested. Class Counsel’s papers in support of final approval of the Settlement will be filed no later than December 24, 2025 and their application for attorneys’ fees, costs, and expenses and for Class Representative Service Awards will be filed no later than October 28, 2025 and will be posted on this Settlement Website.

The Court will hold a Final Approval Hearing at 1:00 p.m. ET on January 07, 2025, Potter Stewart U.S. Courthouse, Room 801, 100 East Fifth Street, Cincinnati, Ohio 45202 or by remote or virtual means as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, then the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses. After the hearing the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommend checking www.eyemeddatasettlement.com or calling (833) 621-8389.

No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in FAQ 16, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file an objection according to the FAQ 16, including all the information required. Your objection must be mailed to the Clerk of the Court and Settlement Administrator postmarked no later than November 11, 2025.

If you do nothing you will not get any money from this Settlement. If the Settlement is granted final approval and the judgment becomes final, and you are a Member of the Class, then you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant and the other Released Parties based on any of the Released Claims related to the Data Incident, ever again.

This Settlement Website summarizes the proposed Settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available at Document section of this Settlement Website. You may also call the Settlement Administrator with questions or to receive a Claim Form at (833) 621-8389.

This Settlement Website is approved by United States District Court for the Southern District of Ohio.

DO NOT CONTACT THE COURT DIRECTLY IF YOU HAVE QUESTIONS ABOUT THE SETTLEMENT. Please contact the Settlement Administrator or Class Counsel if you have any questions about the Settlement.