Consumers whose Personal Information may have been compromised as a result of the CorrectCare Data Incident may be entitled to monetary compensation under a proposed class action Settlement

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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.

SOURCE Kroll Settlement Administration