PHILADELPHIA, July 5, 2024
/PRNewswire/ -- The following statement is being issued by Kroll
Settlement Administration regarding In Re CorrectCare Data
Breach Litigation, Case No. 5:22-00319-DCR.
The lawsuit alleges that on or around July 6, 2022, and as first publicly announced by
CorrectCare Integrated Health, LLC on or around November 28, 2022, in which a server containing
certain information of persons whose medical claims were processed
by CorrectCare was exposed to, and may have been accessed by,
unauthorized individuals.
WHO IS A CLASS MEMBER? All individuals identified on the
Class List whose Personal Information may have been compromised as
a result of the Data Incident.
SETTLEMENT BENEFITS AND TERMS: The Settlement provides
the following benefits from a Settlement Fund of $6,490,000:
- Reimbursement for Out-of-Pocket Losses. Class Members
may make a claim for unreimbursed out-of-pocket expenses incurred,
up to $10,000 per claimant, that are
fairly traceable to the Data Incident, including but not limited
to: (i) bank fees, long distance phone charges, cell phone charges
(only if charged by the minute), data charges (only if charged
based on the amount of data used), miscellaneous qualified expenses
subject to explanation, such as postage, notary, fax, copying,
mileage, and/or gasoline for local travel; (ii) fees for credit
reports, credit monitoring, and/or other identity theft insurance
product purchased between the date of the Data Incident and
August 27, 2024; (iii) actual
fraud that occurred between the date of the Data
Incident and the August 27,
2024. Class Members submitting claims for Out-of-Pocket
Losses must submit documentation supporting their claim by an
attestation under penalty of perjury.
- Alternative Cash Payment. In the alternative to a
payment for Out-of-Pocket Losses, the Settlement Administrator will
make Settlement payments, based on a formula detailed in the
Settlement Agreement, from the Net Settlement Fund to each Class
Member who submits a valid claim. If a claim for Out-of-Pocket
Losses is determined by the Settlement Administrator as not valid
or is valid for only an amount less than the Alternative Cash
Payment Amount, then the claim shall be treated as a valid claim
for the Alternative Cash Payment, rather than for Out-of-Pocket
Losses.
- California Additional Cash Payment. Any Class Member who
is identified on the Class List as being eligible to receive a
California Cash Payment will automatically also receive a
California Additional Cash Payment upon submission of a valid claim
for either Out-of-Pocket Losses or for an Alternative Cash Payment,
in an amount equal to one-half of the Alternative Cash Payment
amount, in addition to the Alternative Cash Payment.
RIGHTS AND OPTIONS
- Submit a Claim Form. You must file a Claim Form online
at the Settlement Website, www.CorrectCareSettlement.com, by
August 27, 2024, or by
first-class mail postmarked by August 27,
2024, and mailed to the Settlement Administrator at CC
Data Breach Settlement, c/o Kroll Settlement Administration
LLC, P.O. Box 5324, New York, NY
10150-5324.
- Opt-Out. You may exclude yourself from the Settlement
and retain your ability to sue CorrectCare for any claim you may
have related to the Data Incident, but you will not get any
compensation from the Settlement. You must submit a valid and
timely request to exclude yourself to the Settlement Administrator
by August 30, 2024.
- Do Nothing. If you do nothing, you remain in the
Settlement. You will not receive a cash payment and will lose the
right to sue regarding the Released Class Claims. You will be bound
by the Court's decision because this is a conditionally certified
class action.
- Object. You can stay in the Settlement but tell the
Court why you think the Settlement should not be approved. Your
written objection must be submitted by August 30, 2024. You may also request to
appear at the Final Approval Hearing.
- Attend the Final Approval Hearing. The Court will hold
the Final Approval Hearing on September
16, 2024, at 10 a.m. ET,
to consider whether the proposed settlement is fair, reasonable,
and adequate, to consider Class Counsel's Attorneys' Fees Amount of
one-third of the Settlement Fund, reasonably incurred litigation
expenses, plus a Service Award of $2,500 to each Class Representative, and to
consider whether and if the Settlement should be approved. You may
attend the hearing with your own counsel – at your own expense -
but you don't have to.
Who are the attorneys for the Plaintiffs and the proposed
Settlement Class? The Court appointed Lynn A. Toops of Cohen & Malad, LLP;
Gary M. Klinger of Milberg Coleman
Bryson Phillips Grossman, PLLC; Benjamin F.
Johns of Shub & Johns LLC; and J. Gerard Stranch, IV of Stranch, Jennings &
Garvey, PLLC as Class Counsel to represent the Settlement Class in
settlement negotiations. If you want to be represented by your own
lawyer, you may hire one at your own expense.
Do I have any obligation to pay attorneys' fees or
expenses? No. The attorneys' fees and expenses will be paid
exclusively from the Settlement Fund as awarded and approved by the
Court. The attorneys' fees and expenses will be in an amount of up
to one-third (or $2,163,117) of the
Settlement Fund. The motion for attorneys' fees and expenses will
be posted on the Settlement Website after it is filed with the
Court.
What is the amount of the Class Representatives' Service
Awards? The named Plaintiffs will seek Service Awards in the
amount of $2,500 each for their
efforts in this case.
What am I giving up by remaining in the Settlement? By
remaining in the Settlement, you give up the ability to sue
CorrectCare and other persons, including its insurers, and
including but not limited to their current and former officers,
directors, employees, attorneys and agents from all known and
unknown claims, demands, damages, causes of action or suits seeking
damages, or other legal or equitable relief arising out of or in
any way related to the claims asserted or which could have been
asserted in this lawsuit relating to the Data Incident.
This notice is a summary of the proposed
Settlement. For additional information about the
Settlement, including a copy of the Settlement Agreement, Detailed
Notice, Claim Form, and other documents, visit the Documents
section of the Settlement Website,
www.CorrectCareSettlement.com or call toll-free
(833) 462-3471. You may also contact the Settlement
Administrator by writing to CC Data Breach
Settlement, c/o Kroll Settlement Administration LLC,
P.O. Box 5324, New York, NY
10150-5324.
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SOURCE Kroll Settlement Administration