Notice of FCI Data Security Incident Class Action Settlement
Notice of FCI Data Security Incident Class Action Settlement
A court has authorized this Notice. This is not a solicitation from a lawyer. Please read this Notice carefully and completely.
THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY.
Important Dates
February 06, 2023
Exclusion Deadline
February 20, 2023
Objection Deadline
February 27, 2023 9:30 a.m. CT
Fairness Hearing
June 05, 2023
Claim Deadline
A Settlement Agreement has been reached in a class action lawsuit against Fertility Centers of Illinois, PLLC (“FCI”), arising out of the security incident that FCI publicly announced on December 27, 2021, wherein FCI’s internal systems were the target of an external and unauthorized cyberattack that began on February 1, 2021 (the “Data Security Incident”).
If you were notified by or on behalf of FCI about the Data Security Incident, you are included in this Settlement as a “Class Member.”
Under the Settlement, FCI has agreed to compensate certain losses arising from the Data Security Incident:
Reimbursement for Ordinary Losses: Receive reimbursement for ordinary losses incurred responding to the Data Security Incident, up to $450 per person, upon submission of a claim and supporting documents for (a) out-of-pocket expenses incurred as a result of the Data Security Incident, including 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), postage, or gasoline for local travel; and (b) fees for credit reports, credit monitoring, or other identity theft insurance product purchased between December 27, 2021 and December 7, 2022.
Reimbursement for Lost Time: As part of reimbursement for ordinary losses, you may receive reimbursement for lost time spent responding to the Data Security Incident, up to four (4) hours of lost time, at $20 per hour (up to $80), if at least one full hour was spent dealing with the Data Security Incident. You may receive compensation by submitting a certification describing the time you spent.
Reimbursement for Extraordinary Losses: Receive cash payments for extraordinary losses incurred responding to the Data Security Incident, up to $5,000 per person for proven monetary losses, if (a) the loss is an actual, documented, and unreimbursed (except from the claimant’s insurer) monetary loss; (b) the loss was fairly and reasonably traceable to the Data Security Incident; (c) the loss occurred between February 1, 2021, and June 5, 2023; (d) the loss is not already covered by one or more of the ordinary reimbursement categories; and (e) the loss exceeds all available credit monitoring insurance and identity theft insurance.
FCI’s aggregate reimbursement shall be capped at $450,000. If qualifying claims exceed $450,000 in losses, reimbursement will be reduced pro rata.
Financial Shield: All Class Members are eligible for twenty-four (24) months of Financial Shield service provided by Pango, beginning on the Effective Date of the Settlement.
In addition, FCI has agreed to provide additional security measures with an approximated value of $450,000. FCI will also pay the costs of the settlement administration, court-approved attorneys’ fees and expenses, and service awards for Representative Plaintiffs.
Your Legal Rights will be affected whether you act or do not act. You should read this entire Notice carefully.
These rights and options—and the deadlines to exercise them—are explained in this Notice.
The Court in charge of this case still has to decide whether to approve the Settlement and the requested attorneys’ fees and expenses. No Settlement benefits or payments will be provided unless the Court approves the Settlement and it becomes final.
Your Legal Rights and Options in This Lawsuit:
File A Claim
Deadline: June 5, 2023
Submitting a Claim Form is the only way that you can receive any of the benefits provided by this Settlement, including reimbursement of Out-of-Pocket Losses of money, expenses incurred, and/or time spent addressing, or reimbursement for extraordinary losses fairly and reasonably traceable to the Data Security Incident.
If you submit a Claim Form, you will give up the right to sue FCI and certain related parties in a separate lawsuit about the legal claims this Settlement resolves.
Exclude Yourself From This Settlement
Deadline: February 6, 2023
This is the only option that allows you to be part of another lawsuit against FCI, or certain related parties, for the claims this Settlement resolves.
If you exclude yourself, you will give up the right to receive any benefits from this Settlement.
Object To Or Comment On The Settlement
Deadline: February 20, 2023
You may object to the Settlement by writing to the Court and informing the Court why you don’t think the Settlement or the requested attorneys’ fees and expenses should be approved. You also may write the Court to provide comments or reasons why you support the Settlement. If you file an objection to the Settlement, you must also serve a copy on the claim administrator at FCI Data Security Incident Settlement, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
Go To The Final Fairness Hearing
Date: February 27, 2023
You can attend the Final Fairness Hearing where the Court may hear arguments concerning approval of the Settlement. If you wish to speak at the Final Fairness Hearing, you must make a request to do so in your written objection or comment. You are not required to attend the Final Fairness Hearing.
Do Nothing
If you do nothing, you will not receive any of the Settlement benefits and you will give up your rights to sue FCI and certain related parties for the claims this Settlement resolves.
A court has authorized this Notice. This is not a solicitation from a lawyer. Please read this Notice carefully and completely.
THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY.
Important Dates
February 06, 2023
Exclusion Deadline
February 20, 2023
Objection Deadline
February 27, 2023 9:30 a.m. CT
Fairness Hearing
June 05, 2023
Claim Deadline
A Settlement Agreement has been reached in a class action lawsuit against Fertility Centers of Illinois, PLLC (“FCI”), arising out of the security incident that FCI publicly announced on December 27, 2021, wherein FCI’s internal systems were the target of an external and unauthorized cyberattack that began on February 1, 2021 (the “Data Security Incident”).
If you were notified by or on behalf of FCI about the Data Security Incident, you are included in this Settlement as a “Class Member.”
Under the Settlement, FCI has agreed to compensate certain losses arising from the Data Security Incident:
Reimbursement for Ordinary Losses: Receive reimbursement for ordinary losses incurred responding to the Data Security Incident, up to $450 per person, upon submission of a claim and supporting documents for (a) out-of-pocket expenses incurred as a result of the Data Security Incident, including 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), postage, or gasoline for local travel; and (b) fees for credit reports, credit monitoring, or other identity theft insurance product purchased between December 27, 2021 and December 7, 2022.
Reimbursement for Lost Time: As part of reimbursement for ordinary losses, you may receive reimbursement for lost time spent responding to the Data Security Incident, up to four (4) hours of lost time, at $20 per hour (up to $80), if at least one full hour was spent dealing with the Data Security Incident. You may receive compensation by submitting a certification describing the time you spent.
Reimbursement for Extraordinary Losses: Receive cash payments for extraordinary losses incurred responding to the Data Security Incident, up to $5,000 per person for proven monetary losses, if (a) the loss is an actual, documented, and unreimbursed (except from the claimant’s insurer) monetary loss; (b) the loss was fairly and reasonably traceable to the Data Security Incident; (c) the loss occurred between February 1, 2021, and June 5, 2023; (d) the loss is not already covered by one or more of the ordinary reimbursement categories; and (e) the loss exceeds all available credit monitoring insurance and identity theft insurance.
FCI’s aggregate reimbursement shall be capped at $450,000. If qualifying claims exceed $450,000 in losses, reimbursement will be reduced pro rata.
Financial Shield: All Class Members are eligible for twenty-four (24) months of Financial Shield service provided by Pango, beginning on the Effective Date of the Settlement.
In addition, FCI has agreed to provide additional security measures with an approximated value of $450,000. FCI will also pay the costs of the settlement administration, court-approved attorneys’ fees and expenses, and service awards for Representative Plaintiffs.
Your Legal Rights will be affected whether you act or do not act. You should read this entire Notice carefully.
These rights and options—and the deadlines to exercise them—are explained in this Notice.
The Court in charge of this case still has to decide whether to approve the Settlement and the requested attorneys’ fees and expenses. No Settlement benefits or payments will be provided unless the Court approves the Settlement and it becomes final.
Your Legal Rights and Options in This Lawsuit:
File A Claim
Deadline: June 5, 2023
Submitting a Claim Form is the only way that you can receive any of the benefits provided by this Settlement, including reimbursement of Out-of-Pocket Losses of money, expenses incurred, and/or time spent addressing, or reimbursement for extraordinary losses fairly and reasonably traceable to the Data Security Incident.
If you submit a Claim Form, you will give up the right to sue FCI and certain related parties in a separate lawsuit about the legal claims this Settlement resolves.
Exclude Yourself From This Settlement
Deadline: February 6, 2023
This is the only option that allows you to be part of another lawsuit against FCI, or certain related parties, for the claims this Settlement resolves.
If you exclude yourself, you will give up the right to receive any benefits from this Settlement.
Object To Or Comment On The Settlement
Deadline: February 20, 2023
You may object to the Settlement by writing to the Court and informing the Court why you don’t think the Settlement or the requested attorneys’ fees and expenses should be approved. You also may write the Court to provide comments or reasons why you support the Settlement. If you file an objection to the Settlement, you must also serve a copy on the claim administrator at FCI Data Security Incident Settlement, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
Go To The Final Fairness Hearing
Date: February 27, 2023
You can attend the Final Fairness Hearing where the Court may hear arguments concerning approval of the Settlement. If you wish to speak at the Final Fairness Hearing, you must make a request to do so in your written objection or comment. You are not required to attend the Final Fairness Hearing.
Do Nothing
If you do nothing, you will not receive any of the Settlement benefits and you will give up your rights to sue FCI and certain related parties for the claims this Settlement resolves.
