THOUSANDS of Americans could be eligible for a payment from a million-dollar settlement but they have to take action fast.
It comes after Behavioral Health Group, an Opioid addiction treatment center has been accused of failing to protect the private information of its patients and workers.
In December 2021, the center was targeted by hackers in a cyberattack and the personal information of over 197,000 patients and employees was compromised, a class action lawsuit has alleged.
Such information reportedly included social security numbers, names, financial account information, medical information and passport details.
The class-action lawsuit that was filed in Kentucky in 2022 claims that BHG had a “duty” to patients and employees to “maintain reasonable and adequate security measures to protect and safeguard” their information.
It further alleged that the company breached this duty by “failing to implement and maintain reasonable security procedures.”
In agreeing to settle the dispute with a payout of $1.575 million, BHG has not admitted to any wrongdoing.
Anyone who received a notification of the data breach from the treatment centre stating their information may have been compromised is now eligible for a chunk of the payout.
WHAT CAN I GET?
Under the terms of the settlement, two types of claims can be filed.
One is a claim for unreimbursed losses related to the data breach or class members can apply to claim an alternative cash payment.
The first case applies to those who have documents proving their losses.
Under this type of claim, they can receive up to $200 for what is described as ‘normal’ data breach losses such as credit expenses, travel costs, bank fees, and communications charges.
They can also apply for up to eight hours of lost time at a rate of $25 per hour.
Those who can prove that they suffered extraordinary data breach losses as a result of fraud or identity theft can claim up to an additional $5,000 in compensation.
Such class members are also able to apply for two years of three-bureau monitoring, credit monitoring, and $1 million in identity theft insurance.
Claimants who do not have documented losses can apply for an alternative cash payment, the sum of which is determined once all claims have been filed and all other payments made from the settlement.
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.
Pollution, discrimination, or false advertising are a few examples of what can land a class action on a company’s doorstep.
The current estimate for this option is a payment of $150 with this alternative option being capped at $250.
TICK-TOCK
However, class members have just days left to file a claim with the deadline set for October 23.
One key deadline has already been and gone and this will have impacted your legal rights if you are part of the class group.
By September 23, all claimants who wished to exclude themselves from the settlement should have done so.
Doing this means they will not take any money from the settlement fund but that they retain their right to bring legal action against BHG regarding the same claims in the future.
Those who did not exclude themselves have forfeited this legal right whether they file a claim or not.
If a class member fails to file a claim by the deadline they will not receive any compensation and cannot bring future action against the company over the breach.
Meanwhile, concertgoers can get up to $7,300 from a settlement worth $3.25 million.
