SELECT Americans could get cash from a settlement soon and there’s no proof required.
The direct payment opportunity comes after a class action lawsuit was filed against a physical therapy company.
Plaintiffs in the suit accused Upstream Rehabilitation of failing to protect clients’ information that was exposed to hackers and third parties as part of a data breach, per a website created for the case. Upstream Rehabilitation has 1,200 locations nationwide.
The breach took place between January 24 and 31, 2023, and February 3 and 9, 2023. Upstream Rehabilitation allegedly did not have reasonable cybersecurity measures to prevent the data breach. This allowed for birth dates, names, demographic information, diagnoses, health insurance data, and more to be leaked, according to plaintiffs.
While Upstream Rehabilitation has not admitted any wrongdoing, it agreed to a $4.3 million settlement to resolve the claims and avoid further legal costs.
ELIGIBILITY & FILING A CLAIM
Those who qualify for a payment from the settlement pot must’ve had their personal health information with Upstream Rehabilitation exposed during the two data breach periods. That’s the only requirement, and those who are already part of the class should’ve gotten a notice in the mail or by email. The notice will include a Unique ID and PIN to enter on the settlement website to file a claim. Those who did not receive their Unique ID and PIN and still download a paper claim form on the website to submit by mail to the settlement administrator.
PAYMENT
No proof is required to file a claim or obtain compensation from the data breach settlement, but having documentation of any losses would drastically increase the amount. For example, any qualifying claimant who documented monetary losses as a result of the data breach through credit expenses, fraudulent charges, identity theft damages, professional fees, or otherwise can get up to $5,000. They would additionally get three years of free credit monitoring. Those without any proof of losses will still get a pro rata distribution of the settlement fund.
What’s a class-action settlement?
Class action lawsuits offer groups of people, or ‘classes,’ a way to band together in court. These suits are often brought by one or a few people who allege a company or other entity has wronged a large group of people. When a suit becomes a class action, it extends to all “class members,” or people who may have similar complaints to those who filed the suit. Companies often settle class actions – offering payment to class members who typically waive their right to pursue further legal action by accepting money. These payout agreements frequently include statements by the defendant denying wrongdoing. Companies tend to settle class actions to avoid the costs of further litigation.
DEADLINES
Claimants should be wary of the deadline to file coming up on January 30, 2025. A deadline for exclusion and objection already passed on December 31, 2024. There’s a final approval hearing for the case on February 24, 2025. Funds will likely be distributed sometime soon after.
Conclusion
Americans who had their personal health information exposed in a data breach can now file a claim to receive a payment from a settlement. No proof is required, but having documentation of any losses can increase the amount. The deadline to file is January 30, 2025, so claimants should act quickly.
FAQs
Q: What is a class-action settlement?
A: A class-action settlement is a legal agreement between a company and a group of people who have similar complaints against the company.
Q: Who is eligible for the settlement?
A: Those who had their personal health information exposed in the data breach are eligible for the settlement.
Q: Do I need to provide proof of losses to file a claim?
A: No, proof of losses is not required to file a claim. However, having documentation of any losses can increase the amount of the payment.
Q: When is the deadline to file a claim?
A: The deadline to file a claim is January 30, 2025.
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