Clinivate, LLC has agreed to pay a total of $350,000 to settle a class action lawsuit for alleged failure to adequately protect personal information, resulting in a data breach. This settlement aims to compensate individuals whose personal and health information was compromised during a cyberattack on Clinivate's computer systems on or around March 12, 2022.
This article provides a comprehensive overview of who can benefit from the settlement, the types of awards available, and how to claim them.
Can I Claim an Award?
The Settlement includes any person whose personal information, which may include health information, was exposed to unauthorized access as a result of the data security incident affecting Clinivate's computer network on or around March 12, 2022.
- Personal Information Exposure: Any individual whose personal information, including health information, was compromised during the data breach.
- Notification Requirement: Individuals who received notification about the data breach are automatically considered part of the Settlement Class.
What Benefits Can I Claim?
Clinivate will provide Settlement Class Members with several benefits under the Settlement:
- Credit Monitoring and Identity Restoration Services: All persons potentially affected by the Data Security Incident are entitled to enroll in free credit monitoring and identity restoration services for a period of two years.
- Reimbursement of Economic Losses: Settlement Class Members may submit a claim for reimbursement for documented Economic Losses related to the Data Security Incident that have not been reimbursed by other third parties, up to an aggregate total of $5,000 per Settlement Class Member.
- Compensation for Lost Time: Settlement Class Members may submit a claim for Lost Time for up to four hours of time spent dealing with the Data Security Incident at $30 per hour.
Is Proof Required to Claim the Reward?
Yes, proof is required to claim the reward. Settlement Class Members seeking reimbursement for Economic Losses must provide documentation proving the economic costs. For Lost Time claims, Settlement Class Members need to attest under penalty of perjury as to the hours they spent dealing with the Data Security Incident.
How to Claim Your Award
To claim your award, you can file a claim online or submit a claim by mail. For each Claim Form, you must read the instructions carefully, fill out the form completely, attach the required documentation, and either submit the form and documentation through the Settlement Website, or mail the form postmarked no later than August 27, 2024, to:
Clinivate Data Breach Settlement Administrator
P.O. BOX 2895
Portland, OR 97208-2895
How Do I Get Paid?
When you receive the email notifying you of your Settlement Payment, you will be provided with a number of digital payment options such as debit card, PayPal, or a credit on Amazon.com, to immediately receive your Settlement Payment. At that time, you will also have the option to request that a paper check be mailed to you at the address provided in your Claim Form.
$350,000 Settlement Fund Breakdown
The total settlement amount is $350,000.
$175,000 covers the benefits provided to Settlement Class Members.
Class Counsel will ask the Court for Clinivate to pay for reasonable attorneys’ fees and expenses of up to $175,000, and a Class Representative service award not to exceed $3,500. Any attorneys’ fees, expenses, and service awards approved will be paid by Clinivate and will not reduce the benefits provided to you or the other Settlement Class Members under the proposed Settlement.
Important Dates
- Deadline to Exclude Yourself from the Settlement: July 13, 2024
- Deadline to Submit a Claim Form: August 27, 2024
- Final Approval Hearing: August 29, 2024
Why Is There a Class Action Settlement?
The lawsuit alleges that as the result of a cyberattack by an unauthorized third party to certain computer systems of Clinivate, personal information and protected health information stored by Clinivate, including names, Social Security numbers, dates of birth, and other information may have been compromised on or about March 12, 2022. Plaintiff claims that Clinivate did not adequately protect personal information and that as a result of the Data Security Incident people were harmed. Clinivate denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that any law has been violated.
The Court has not decided in favor of Plaintiffs or Clinivate. Instead, both sides agreed to a settlement. Settlement avoids the costs and uncertainty of trial and related appeals, while providing benefits to members of the Settlement Class. The Class Representatives and attorneys for the Settlement Class believe the Settlement is in the best interests of the Settlement Class Members.
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