Frequently Asked Questions

  1. Am I included in the Settlement?

    If you were sent notice by UnityPoint Health in April and/or July 2018 that your personal information and/or protected health information may have been or was exposed to unauthorized third parties as a result of the Security Incidents, you are a member of the Settlement Class.

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  2. What does this Settlement provide?

    If the Court grants final approval, UnityPoint Health will provide the Settlement benefits listed below to Settlement Class members. You can review the Claim Form to see an explanation of the types of loss that are considered Ordinary Expenses or Extraordinary Expenses as well as specific documentation requirements for claimed losses. These benefits are not mutually exclusive, such that you may claim any one or more of the following:

    • One year of comprehensive credit monitoring and identity theft protection services through Identity Guard’s Total Plan, which can be deferred for one year. The credit monitoring will be provided through Identity Guard’s Total Plan, powered by IBM Watson, and shall include at least the following, or similar, services: up to $1 million dollars reimbursement insurance from AIG covering losses due to identity theft and stolen funds; three-bureau credit monitoring, providing notice of certain changes to the enrolled Settlement Class member’s credit profile; real-time authentication alerts in as little as three seconds when someone attempts to make a change to enrolled Settlement Class members’ personal account information within Identity Guard’s network; alerts based on searches of payday-loan providers and court records and monitoring of the top ten largest U.S. financial institutions, for attempted or actual fraudulent use of the enrolled Settlement Class members’ information; Dark Web Monitoring that will provide notification if an enrolled Settlement Class member’s information such as Social Security number, credit card numbers, financial account numbers, and health insurance number are found on the Dark Web; threat alerts powered by IBM “Watson’s” artificial intelligence of potential threats relevant to the enrolled Settlement Class members found by IBM Watson’s artificial intelligence, for instance: breaches, phishing scams, and malware vulnerabilities; customer support and victim assistance provided by Identity Guard; anti-phishing applications for iOS & Android Mobile devices; and safe browsing software for personal computers and Macs to help protect the enrolled Settlement Class member’s computer(s) against malicious content with an add-on for Safari, Chrome, and Firefox web browsers that delivers proactive malware protection by blocking various malware delivery channels including phishing, malvertisements, and Flash (the extension also blocks content and tracking cookies to help protect personal information). This credit monitoring benefit can be deferred for one year upon request.
    • Cash payment for up to $1,000.00 of Ordinary Expenses, including up to 3 hours of time valued at $15.00 per hour as well as documented out-of-pocket costs related to the Security Incidents, such as the costs of credit monitoring and identity theft protection services. All Settlement Class members who submit a valid Claim are eligible to recover compensation for 100% of their ordinary out-of-pocket expenses, not to exceed $1,000.00 per Settlement Class member, that were incurred between February 7, 2018, and the Claims Deadline, as a result of the Security Incidents, including (i) long-distance telephone charges; (ii) cell minutes (if charged by minute), Internet usage charges (if charged by the minute or by the amount of data usage and incurred solely as a result of the Security Incidents), and text messages (if charged by the message and incurred solely as a result of the Security Incidents); (iii) postage; (iv) documented costs associated with miscellaneous expenses such as notary, fax, postage, copying, and mileage; (v) documented costs associated with credit freezes; (vi) documented costs of credit monitoring services active between February 7, 2018, and one year after the Claims Deadline; and (vii) up to three (3) hours of lost time compensated at $15.00 per hour.
    • Cash payment for up to $6,000.00 of documented Extraordinary Expenses such as documented out-of-pocket costs or losses related to identity theft or fraud, including up to 10 additional hours of time valued at $15.00 per hour. All Settlement Class members who submit a valid Claim are also eligible to recover compensation for 100% of their documented extraordinary monetary out-of-pocket losses and extraordinary compensable additional lost time incurred on or after February 7, 2018, as a result of the Security Incidents, in an amount not to exceed $6,000.00 per Settlement Class member. Extraordinary out-of-pocket expense reimbursements shall include, but are not limited to (i) documented professional fees and other costs incurred to address identity fraud or theft, including but not limited to falsified tax returns, new account fraud, existing account fraud, account takeover, and medical-identity theft; (ii) other documented unreimbursed losses, fees, or charges incurred as a result of identity fraud or theft, including, but not limited to (a) unreimbursed bank fees, (b) unreimbursed card reissuance fees, (c) unreimbursed overdraft fees, (d) unreimbursed charges related to unavailability of funds, (e) unreimbursed late fees, (f) unreimbursed over-limit fees, (g) unreimbursed charges from banks or credit card companies, and (h) interest on payday loans due to card cancellation or due to over-limit situations; and (ii) reimbursement for up to five (10) additional hours of lost time (compensated at $15.00 per hour), not reimbursed as ordinary compensable lost time, spent resolving documented extraordinary losses.
    • Fees, Costs and Expenses Associated with the Settlement. In addition to the payment of timely and valid claims, the parties have agreed that UnityPoint Health will pay for (1) all fees, costs and expenses associated with the administration of the Settlement; (2) an Attorneys’ Fees and Expenses award, to be requested by Class Counsel, not to exceed $1,575,000; and (3) an incentive award, to be requested by the Class Representatives, not to exceed $2,500 per Class Representative.
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  3. What options do I have?

    Action Explanation Deadline
    Obtain Benefits under the Settlement and Submit a Claim Form To obtain benefits under the Settlement, Settlement Class members must file a timely claim. For more information about submitting a claim, click here. If you submit a claim and receive benefits under the Settlement, you give up your right to sue UnityPoint Health about the claims in the Action. Claims must be filed on or before March 2, 2021.
    Object to the Settlement

    Settlement Class members may object to the Settlement. For more information about objecting to the Settlement, see FAQ 9. If you object, you will still be eligible to receive benefits under the Settlement if you file a timely claim.

    If you file an objection, you may appear at the Final Approval Hearing, either personally or through an attorney. For more information about submitting a request to speak at the Final Approval Hearing, see FAQ 9.

    Objections must be filed on or before January 4, 2021.
    Exclude Yourself from the Settlement If you choose to exclude yourself (opt-out) from the Settlement, you will not be included in the Settlement, you will not receive any benefits under the Settlement, and you will retain any right you currently have to sue UnityPoint Health about the claims in the Action. Requests for exclusion must be filed and mailed on or before January 4, 2021.
    Do Nothing If you do not make a claim or exclude yourself from the Settlement within the deadlines stated above, you will not receive any benefits under the Settlement, and you will give up your right to sue UnityPoint Health about the legal claims asserted in the Action.  
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  4. How do I receive a benefit?

    If you are an eligible Settlement Class member and you wish to receive a payment from the Settlement, then you must make a valid Claim by March 2, 2021.

    Claims may be submitted online by March 2, 2021. Claims may also be submitted by mail, and you can obtain a copy of the Claim Form here or by calling the Claims Administrator toll-free at 1-855-917-3553 to request that a Claim Form be mailed to you. Claim Forms sent by mail must be postmarked no later than March 2, 2021 and sent to the Claims Administrator at the address below.

    UnityPoint Health Settlement
    Claims Administrator
    P.O. Box 4098
    Portland, OR 97208-4098

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  5. What is the deadline to submit a claim for payment?

    Your Claim Form must be submitted online, or postmarked by no later than March 2, 2021. Claims submitted or postmarked after March 2, 2021 will not be paid. If your Claim is missing information or necessary documentation, however, you will be notified by the Claims Administrator, and you will have an additional 30 days from the date you are notified to fix the deficiency.

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  6. When and how will I receive my payment?

    If the Settlement is approved by the Court after the Final Fairness Hearing, and if you have timely submitted a valid Claim for lost time and/or documented expenses by the deadline of March 2, 2021, you will be sent cash payment as set forth in FAQ 2.

    If you have submitted a valid Claim for credit monitoring by the deadline of March 2, 2021, you will be emailed or mailed instructions about how to enroll in your credit monitoring and identity theft protection benefits.

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  7. What would I be giving up in exchange for receiving the Settlement benefits?

    Unless you affirmatively exclude yourself (opt-out), you will agree to the “Release” of claims as described in Section V of the Settlement Agreement. That means that you cannot sue, continue to sue, or be part of any other lawsuit against UnityPoint Health related to the Security Incidents at issue in this Action. It also means that the Court’s orders will apply to you and legally bind you. For more information, please review the Court-approved Notice and the Class Action Settlement Agreement.

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  8. How do I opt out of the Settlement?

    If you do not want to be bound by the Settlement and do not want to receive benefits under the Settlement, you may exclude yourself from, or “opt-out” of the Settlement Class. If you exclude yourself (opt-out), you will give up the right to receive any payment, and you will not release any claims that are released in the Settlement. You cannot object to the Settlement if you exclude yourself (opt-out).

    To exclude yourself (opt-out) from the Settlement Class, you must submit a written request to the Claims Administrator. Your request must include your name, address, and your intention to be excluded, and must be signed by you. All requests for exclusion must be mailed to the UnityPoint Health Settlement, Claims Administrator, P.O. Box 4098, Portland, Oregon 97208-4098, and postmarked no later than January 4, 2021. If you return a late request for exclusion, the request will be deemed invalid, you will remain a member of the Settlement Class, and you will be bound by all of the terms of the Settlement.

    You cannot exclude yourself by telephone, email, or on this website.

    DO NOT SUBMIT BOTH A CLAIM FORM AND A REQUEST FOR EXCLUSION. IF YOU SUBMIT BOTH A CLAIM FORM AND A REQUEST FOR EXCLUSION, THE REQUEST FOR EXCLUSION WILL BE DISREGARDED.

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  9. How do I tell the Court if I do not like the Settlement?

    If you do not exclude yourself, you have the right to object to the Settlement if you disagree with any part of it. To object, you must mail a written statement of your objection to the following three places postmarked no later than January 4, 2021:

    Court Class Counsel UnityPoint’s Counsel
    United States District Court for the Western District of Wisconsin
    United States District Court
    120 North Henry Street
    Room 320
    Madison, Wisconsin 53703
    Cari C. Laufenberg
    KELLER ROHRBACK L.L.P.
    1201 Third Avenue
    Suite 3200
    Seattle, Washington 98101
    Casie D. Collignon
    BAKER & HOSTETLER LLP
    1801 California Street
    Suite 4400
    Denver, Colorado 80202

    Your objection must include (a) your full name, address, telephone number, and email address (if any); (b) information identifying you as a Settlement Class member; (c) a written statement of all grounds for the objection, accompanied by any legal support you would like to submit; (d) the identity of all lawyers (if any) representing you; (e) the identity of all lawyers (if any) who will appear at the Final Fairness Hearing on your behalf; (f) a list of all persons you will be calling to testify at the Final Fairness Hearing in support of your objection; (g) a statement confirming whether you intend to personally appear and/or testify at the Final Fairness Hearing; and (h) your signature or the signature of your duly authorized lawyer or other duly authorized representative.

    In addition to the foregoing, objections should also provide the following information: (a) a list, by case name, court, and docket number, of all other cases in which you (directly or through a lawyer) filed an objection to any proposed class action settlement within the last three (3) years; (b) a list, by case name, court, and docket number, of all other cases in which your lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and (c) a list, by case number, court, and docket number, of all other cases in which you have been a named plaintiff in any class action or served as a lead plaintiff or class representative.

    You will not be excluded from the Settlement by filing an objection.

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  10. What is the difference between objecting to the Settlement and opting out?

    You can object only if you do not exclude yourself from the Settlement Class. If you exclude yourself, the Action and the Settlement no longer affect you, so you have no basis to object.

    If you object to the Settlement, you are expressing your views about the Settlement but remain a member of the Class. If you make an objection, you may submit a claim in order to receive compensation under the Class Action Settlement.

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  11. Do I have a lawyer in the case?

    For purposes of this Settlement, the Class Representatives and the Settlement Class are represented by Cari Campen Laufenberg of Keller Rohrback L.L.P.; Ronald A. Marron of the Law Offices of Ronald A. Marron, APLC; and Robert L. Teel, Of Counsel to the Law Offices of Ronald A. Marron, APLC. You will not be personally charged for their work on the case. Instead, Defendant has agreed to separately pay Class Counsel’s fees and expenses up to $1,575,000, subject to Court approval. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  12. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Fairness Hearing for the Settlement on February 19, 2021 in the United States District Court for the Western District of Wisconsin, United States District Court, 120 North Henry Street, Madison, Wisconsin 53703. If objections have been received, the Court will consider them during this hearing. The Final Fairness Hearing may be rescheduled to a later time, which will be listed at the Court’s website. If there are no objections, the Settlement will become final shortly after the Court grants final approval. If there are objections, the Settlement will become final after the Court grants final approval and either the time to appeal has expired or any appeal filed has been resolved.

    Before attending the hearing in person, check this website. It will provide updated information if the Court changes the hearing date or decides to hold the hearing by phone or videoconference.

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  13. Do I have to attend the hearing?

    You are not required to attend the final fairness hearing. However, by following the instructions in FAQ 9, you may appear or may hire your own attorney to appear at the Final Fairness Hearing.

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  14. How do I get more information?

    This website addresses common questions regarding the Settlement. You should also review the Court-approved Notice, Class Action Settlement Agreement, and other Settlement-related documents for additional information regarding the Settlement and your rights, located here. If you have any additional questions regarding the Settlement or wish to update your address, you may contact the Claims Administrator at the information below. Please include your name and your return address on all correspondence.

    UnityPoint Health Settlement
    Claims Administrator
    P.O. Box 4098
    Portland, OR 97208-4098
    1-855-917-3553
    info@UPHSettlement.com

    Do not contact UnityPoint Health or the Court for additional information.

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