Asheville Eye Associates Data Breach Class Action Settlement

Individuals who received a notice stating the Asheville Eye Associates data breach compromised their personally identifiable or protected health information may be eligible to receive up to $1,250 in reimbursement plus additional benefits from a class action settlement.

Asheville Eye Associates PLLC agreed to resolve a class action lawsuit alleging a November 2024 cyberattack exposed sensitive patient information.

Who are the class members?

Class members must have received a notice from Asheville Eye Associates about the November 2024 data incident.

The class covers all individuals whose information the data breach affected, including both current and former patients

Individuals are eligible regardless of whether they experienced identity theft or financial loss.

How much can class members get?

The settlement provides several types of compensation and benefits to class members:

• All class members will automatically receive a $10 voucher for eyeglasses at any Asheville Eye Associates location except 21 Medical Park Drive, Asheville, North Carolina, 28803.
• All class members are eligible for one year of complimentary identity theft protection with one-bureau monitoring provided by Kroll Settlement Administration LLC.
• Class members who submit a valid claim form with supporting documentation can receive up to $1,250 per person in reimbursement for documented out-of-pocket expenses the data breach caused. Eligible out-of-pocket expenses include:
• Unreimbursed bank fees
• Card re-issuance fees
• Overdraft fees
• Charges related to unavailability of funds
• Late fees
• Over-limit fees
• Charges from banks or credit card companies
• Interest on payday loans due to card cancellation or over-limit situations resulting from the breach
• Costs of credit reports, credit monitoring or identity theft insurance purchased in response to the incident

How to claim settlement benefits

To receive reimbursement for out-of-pocket expenses, class members must submit the online claim form or download, print and complete the PDF claim form and mail it to the settlement administrator.

Settlement administrator's mailing address: Asheville Eye Associates Data Incident Litigation, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391

All class members will automatically receive the $10 voucher and identity theft protection without needing to submit a claim form.

Those who wish to receive their reimbursement via electronic transfer must file their claim online.

What proof or documentation is required to submit a claim?

• All class members must provide the class member ID located on their email or postcard notice.
• Claimants seeking reimbursement for out-of-pocket expenses must provide reasonable documentation of each claimed expense. Acceptable documentation includes receipts, bills, bank statements or other records showing the data breach most likely caused the loss. Self-prepared documents, such as handwritten receipts, are not sufficient on their own, but class members may use them to clarify or support other documentation.

Payout options

• Class members who file a claim online may select to receive your payment via electronic transfer or check.
• Class members who file by mail will receive their payment by check.

Settlement fund breakdown

The settlement does not specify a total fund amount, but it will cover:

• Settlement administration costs: $53,000
• Attorneys' fees and expenses: Up to $500,000 (paid separately from class member benefits)
• Service awards to class representatives: Up to $6,250 total
• Payments to eligible class members: Up to $1,250 per person for documented losses plus automatic voucher and identity theft protection costs

Important dates

• Deadline to file a claim: April 6, 2026
• Opt-out deadline: April 6, 2026
• Final approval hearing: May 14, 2026

When is the Asheville Eye Associates data breach payout date?

The settlement administrator will distribute payments and benefits after the court resolves any appeals and grants final approval of the settlement.

Why is there a class action settlement?

The class action lawsuit alleged a November 2024 data breach compromised the PII and PHI of Asheville Eye Associates patients. The plaintiffs claimed the breach exposed sensitive information, including names, addresses, Social Security numbers and medical details.

Asheville Eye Associates denies any wrongdoing but agreed to settle to avoid the costs and risks of litigation and to provide benefits to those affected.

Sources

1. Class notice
2. Claim form
3. Settlement agreement%20Ex.1-SA.pdf)
4. Settlement FAQ