Hutton, et al. v. National Board of Examiners in Optometry

United States District Court, District of Maryland, No. 16-cv-03025-JKB

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Rhonda Hutton, et al., v. National Board of Examiners in Optometry, Inc., No. 16-cv-03025-JKB (D. Md.); Nicole Mizrahi v. National Board of Examiners in Optometry, Inc., No. 16-cv-03146-JKB (D. Md.); and Brenda Liang, et al., v. National Board of Examiners in Optometry, Inc., No. 17-cv-1964-JKB (D. Md.)


NATIONAL BOARD OF EXAMINERS IN OPTOMETRY

CLASS ACTION SETTLEMENT

 

TO: All individuals whose personal information was stored in the databases of the National Board of Examiners in Optometry, Inc. (“NBEO”) on or before November 15, 2018.

 

A Class Action Settlement has been proposed in litigation against NBEO relating to an alleged data breach that occurred in or about June 2016 (“Alleged Data Breach”). A Notice (PDF: 333.0 kB) and a Claim Form were mailed to each “Settlement Class Member” who is entitled to benefits from this Class Action Settlement. The easiest way to submit a claim under the Settlement is by clicking the red "Submit Claim" box on the right-hand side of this website.  You will need your Class Member ID found on the upper left-hand corner of the Claim Form you received by mail or e-mail. 

 

Under the terms of the Settlement, NBEO has agreed to establish a fund of $3.25 million that will be used to pay for the following forms of relief: (1) reimbursement for Out-of-Pocket Losses fairly traceable to the Alleged Data Breach up to $7,500 per individual; (2) reimbursement for time spent remedying issues relating to the Alleged Data Breach up to $1,000 per individual; (3) three years of free, three-bureau credit monitoring through Identity Guard; and (4) access to Identity Restoration Resolution services for all Settlement Class Members. As part of the Settlement, NBEO has also agreed to upgrade its data security practices. The Court still must decide whether to approve the Settlement. No payments will be made until after the Court grants final approval of the Settlement and all appeals, if any, are resolved. The Settlement relief includes:

Reimbursement for Out-of-Pocket Losses:   The Settlement Fund will be used to reimburse Settlement Class Members for out-of-pocket losses fairly traceable to the Alleged Data Breach, up to $7,500 per individual (“Out-of-Pocket Losses”).

Reimbursement for Attested Time: The Settlement Fund will be used to reimburse Settlement Class Members for time spent remedying issues related to the Alleged Data Breach for up to 40 hours at $25 per hour (“Attested Time”).

Three-Bureau Credit Monitoring Services: All Settlement Class Members are eligible to enroll in three (3) years of Identity Guard’s “Total Plan” Credit Monitoring Services at no cost, regardless of whether you submit a claim for Out-of-Pocket Losses or Attested Time. These services retail for nearly $720 per individual and include daily credit monitoring of your credit file at Experian, Equifax, and TransUnion; a $1 million identity theft insurance policy; identity restoration services; and additional features discussed further in the Notice (PDF: 333.0 kB) (“Credit Monitoring Services”).

Identity Restoration and Fraud Resolution Services: Regardless of whether you submit a claim under the Settlement, all Settlement Class Members will be eligible to access Identity Restoration Services offered through Identity Guard, including professional Fraud Resolution Assistance to help with identity recovery and restoration in case you experience identity theft or fraud in the future, for a period of three (3) years (“Identity Restoration Services”).

NBEO Business Practice Changes: NBEO has agreed to upgrade its data security practices, including retaining an independent security firm to conduct a written risk assessment of NBEO’s data security, encrypting exam-takers’ personal information, and no longer storing full nine-digit Social Security numbers in its electronic databases.

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DEADLINE

File a claim for Out-of-Pocket Losses or Attested Time

You must submit a claim in order to receive reimbursement for Out-of-Pocket Losses and/or loss of time. You may claim Out-of-Pocket Losses, Attested Time, and Credit Monitoring Services under the Settlement.

For more detailed information, see Questions 7-9 of the Notice (PDF: 333.0 kB).

July 8, 2019

File a claim for Credit Monitoring Services

You must submit a claim in order to receive the Credit Monitoring Services offered under the Settlement.

For more detailed information, see Question 8 of the Notice (PDF: 333.0 kB).

July 8, 2019

Access Identity Restoration Services

You may access Identity Restoration Services after the Settlement becomes final, whether or not you make a claim under the Settlement.

For more detailed information, see Question 9 of the Notice (PDF: 333.0 kB).

No deadline

Exclude yourself

You can exclude yourself from the Settlement by informing the Settlement Administrator that you want to “opt-out” of the Settlement. If the Settlement becomes final, this is the only option that allows you to retain your rights to separately sue NBEO for claims related to the Alleged Data Breach. If you opt-out, you may not make a claim for benefits under the Settlement.

For more detailed information, see Question 18 of the Notice (PDF: 333.0 kB).

May 8, 2019

Object or comment on the Settlement

You may object to the Settlement by writing to the Settlement Administrator and explaining why you do not think the Settlement should be approved. If you object, you will remain a Settlement Class Member, and if the Settlement is approved, you will be eligible for the benefits of the Settlement and give up your right to sue on certain claims described in the Settlement Agreement (PDF: 842.0 kB).

For more detailed information, see Question 19 of the Notice (PDF: 333.0 kB).

May 8, 2019

Do nothing

If you do nothing, you will not be eligible to receive reimbursement for Out-Of-Pocket Losses or Attested Time or enroll in Credit Monitoring Services. You will be eligible to access Identity Restoration Services through Identity Guard. If the Settlement becomes final, you will give up your rights to sue NBEO separately relating to the Alleged Data Breach.

No deadline

 

This is only a summary of the lawsuit and the Settlement Agreement. The Notice (PDF: 333.0 kB) and other related documents can be accessed through the 'Documents' section of this website. If you have questions about the proposed Settlement, you may contact Class Counsel or the Settlement Administrator. The Court cannot respond to any questions regarding the Notice, the lawsuit, or the proposed Settlement.

If you have questions about the Notice (PDF: 333.0 kB) or the Settlement, or if you did not receive a Notice and Claim Form by mail or e-mail and believe that you are or may be a member of the Class, you should contact the Settlement Administrator through the 'Contact' section of this website or by calling 1-877-451-2127 for more information.



This website is authorized by the Court, supervised by Class Counsel, and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-877-451-2127.

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Important Dates

  • Initial Mailing Date:

    Thursday, March 28, 2019

    Settlement Notices and Claim Forms were mailed and emailed to Settlement Class Members on Thursday, March 28, 2019.

  • Exclusion Deadline:

    Wednesday, May 8, 2019

    You must complete and mail your request for exclusion so that it is postmarked no later than Wednesday, May 8, 2019.

  • Objection Deadline:

    Wednesday, May 8, 2019

    You must mail your objection(s) so that it/they are postmarked no later than Wednesday, May 8, 2019.

  • Claim Form Deadline:

    Monday, July 8, 2019

    You must submit your Claim Form on-line no later than Monday, July 8, 2019, or mail your completed paper Claim Form so that it is postmarked no later than Monday, July 8, 2019.

  • Final Approval Hearing Date:

    Friday, July 12, 2019

    The Final Approval Hearing is scheduled to take place on Friday, July 12, 2019 at 10:00 a.m.  This hearing date and time may be moved. Please re-visit this website for notice of any changes.

  • Final Approval Granted:

    Monday, July 15, 2019

    The Court signed and filed the Final Approval Order on Monday, July 15, 2019.

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