.png)
Insurance policyholders who paid a tobacco or nicotine surcharge as part of their participation in the Advocate Aurora Health Inc. welfare benefit plan between Sept. 25, 2018, and Dec. 31, 2025, may be eligible to receive a cash payment from a class action settlement.
Advocate Aurora Health agreed to pay $8,950,000 to settle a class action lawsuit alleging violations of the Employee Retirement Income Security Act related to its wellness program, including the imposition and administration of tobacco or nicotine surcharges, insufficient notice of a reasonable alternative standard and breaches of fiduciary duties.
Who are the class members?
Class members are anyone living in the United States who paid a tobacco or nicotine surcharge for themselves or a covered dependent at any time between Sept. 25, 2018, and Dec. 31, 2025, in connection with their participation in the Advocate Aurora Health welfare benefit plan.
How much can class members get?
The total settlement fund is $8,950,000. After deducting attorneys’ fees, administrative expenses and service awards to the class representatives, the settlement administrator will distribute the remaining funds to class members.
Each class member’s payment is proportional to the net tobacco or nicotine surcharges they paid during the class period. The settlement administrator used company records to determine eligibility and the amount each class member paid in surcharges.
No action needed to receive compensation
Class members do not need to file a claim to receive their payment. There is no online or PDF claim form for this settlement.
The settlement administrator will automatically mail checks to the last known address of each eligible class member. Those whose address has changed since they paid the surcharge should contact the settlement administrator to ensure they receive their payment.
Settlement administrator's mailing address: Rogers v. Advocate Aurora Health, P.O. Box 301130, Los Angeles, CA 90030-1130
Settlement administrator's phone number: 888-808-2754
Payout option
- Physical check mailed to class members' last known address
The settlement administrator will donate funds from checks not cashed within 180 days to Advocate Charitable Foundation and Aurora Health Care Foundation.
$8.95 million settlement fund breakdown
The $8,950,000 settlement fund includes:
- Settlement administration costs: Amount not specified
- Attorneys' fees and expenses: Up to $2,983,333
- Service awards to class representatives: Up to $7,500 each ($22,500)
- Payments to eligible class members: The remainder of the fund
Important dates
- Fairness hearing: Feb. 4, 2027
When is the Advocate Aurora Health payout date?
The settlement administrator will issue payments to eligible class members after the court resolves any appeals and grants final approval of the settlement.
Why did this class action settlement happen?
The lawsuit alleged Advocate Aurora Health imposed tobacco surcharges through its wellness program without providing adequate notice or a reasonable alternative standard, failed to provide the full reward required by law and breached fiduciary duties.
Advocate Aurora Health denied all wrongdoing but agreed to settle to avoid the cost, risk and disruption of continued litigation.
.webp)
.webp)
.webp)
.webp)
.webp)
.webp)
.webp)
.svg)