East River Medical Imaging $1.85M Data Breach Settlement

If you were notified by East River Medical Imaging (ERMI) or an ERMI affiliate that your personal information may have been compromised due to a data security incident, you may be eligible to claim up to $7,500 from a class action settlement.

East River Medical Imaging has agreed to pay $1,850,000 to settle a class action lawsuit for alleged failure to adequately protect personal information. This settlement aims to compensate individuals whose personal data was compromised during the data security incident.

Who Can Claim an Award?

To be eligible to claim an award, you must be a resident of the United States whose personal information was compromised in the data security incident disclosed by ERMI in or about November 2023.

This includes all individuals who were sent notice of the data security incident and who are not deceased.

What Awards Can Class Members Claim?

Class members can claim one of the following two options:

1. Documented Loss Payment: Up to $7,500 cash payment for reimbursement of documented losses that are more likely than not a result of the data security incident.
2. Cash Fund Payment: A pro rata cash fund payment, the amount of which will depend on the number of class members who participate in the settlement and submit valid and approved claims for CMIS and documented loss payments.

Additionally, class members will be entitled to claim one year of credit monitoring and insurance services, which includes up to $1,000,000 of identity theft insurance coverage and one year of three-bureau credit monitoring.

Documented Loss Payment

You may elect to submit a claim form for reimbursement of documented losses. If you spent money remedying or addressing identity theft and fraud that more likely than not resulted from the data security incident, or you spent money to protect yourself from future harm because of the data security incident, you may make a claim for a documented loss payment for reimbursement of up to $7,500 in documented losses.

Documented losses consist of unreimbursed losses incurred on or after August 31, 2023, that were related to identity theft and fraud and are more likely than not a result of the data security incident, as well as any expenses related to the data security incident.

For example, credit card or debit card cancellation or replacement fees, late fees, declined payment fees, overdraft fees, returned check fees, customer service fees, credit-related costs associated with purchasing credit reports, credit monitoring or identity theft protection, costs to place a freeze or alert on credit reports, costs to replace a driver’s license, state identification card, Social Security number, professional services, and out-of-pocket expenses for notary, fax, postage, delivery, copying, mileage, and long-distance telephone charges.

Cash Fund Payment

You may elect to receive a cash payment. The amount of the cash fund payment will vary depending on the number of valid and approved claims that are submitted.

To receive a cash fund payment, you must submit to the settlement administrator a completed claim form electing to receive a cash fund payment. You do not need to provide additional documents for this claim – only the unique ID number provided on your notice.

Credit Monitoring and Insurance Services

Settlement class members may also file a claim form to receive credit monitoring and insurance services in addition to the documented loss payment or the cash fund payment. Credit monitoring and insurance services provide a way to protect yourself from unauthorized use of your personal information.

Credit monitoring and insurance services include $1,000,000 of insurance coverage for identity theft protection as well as three-bureau credit monitoring.

Is Proof Required to Claim the Reward?

Yes, proof is required to claim a reward. Claimants must provide reasonable documentation supporting each claimed cost for documented loss payments. This includes written documents such as credit card statements, bank statements, invoices, telephone records, and receipts.

• Documented Loss Payment: Requires reasonable documentation supporting each claimed cost.
• Cash Fund Payment: Does not require additional documents but must provide the unique ID number provided on the mailed or emailed notice.

How to Claim Your Award

To claim your award, you can submit a claim form online at or mail a completed claim form to the settlement administrator at the following address:

East River Medical Imaging Data Security Incident Litigation

c/o Settlement Administrator

1650 Arch Street, Suite 2210

Philadelphia, PA 19103

If you received a notice by mail, use your claim number to file your claim form. If you lost or do not know your claim number, email the settlement administrator at info@EastRiverSettlement.com to obtain it.

Submitting a Claim

Follow these steps to submit a claim:

1. Complete the claim form with your personal information.
2. Select the type of award you are claiming (documented loss payment or cash fund payment).
3. Provide any required documentation for documented loss payments.
4. Submit the claim form online or mail it to the settlement administrator.

How do I Get Paid?

Approved claims for cash fund payments or documented loss payments will be provided by the settlement administrator. You may elect to receive payment via PayPal, Venmo, Zelle, virtual prepaid card, or physical check.

$1,850,000 Settlement Fund

The settlement fund of $1,850,000 will cover various costs associated with the settlement, including:

• Credit monitoring and insurance services claims.
• Documented loss payment claims.
• Cash fund payment claims.
• Attorneys' fees up to a maximum of 1/3 of the settlement fund ($610,500).
• Reasonable costs and expenses incurred by attorneys for the class.
• Administrative expenses for settlement administration.
• Service awards of up to $1,000 to each of the class representatives.

Important Dates

• Exclusion Deadline: August 23, 2024
• Claim Deadline: October 22, 2024
• Final Approval Hearing: October 22, 2024 at 2:30 PM EDT

When is the East River Medical Imaging Payout Date?

The awards will be paid after the settlement is approved and becomes final.

Why is There a Class Action Settlement?

The class action lawsuit was filed because East River Medical Imaging allegedly failed to adequately protect personal information, leading to a data security incident where unauthorized users accessed files containing personal information.

What Happens Next?

Class members should file their claims by the deadline, attend the final approval hearing if desired, and await the final approval of the settlement. Once approved, the settlement administrator will process and distribute the awards.