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Current and former patients who received a notice that their private information was compromised in the October 2023 Dakota Eye Institute data breach, may be eligible to submit a claim for up to $5,000 and credit monitoring services from a class action settlement. The cybersecurity incident impacted 170,143 individuals.
Dakota Eye Institute LLP has agreed to pay $1,000,000 to settle a class action lawsuit alleging negligence, violations of North Dakota law, unjust enrichment and breach of implied contract. The class action claims that, as a result of the data breach, affected individuals suffered injuries and face the risk of future harm.
Who can file a claim for a settlement payment?
Class members must meet the following criteria:
- They reside in the United States.
- Their personal and protected health information was compromised in the Dakota Eye Institute data breach, which was disclosed to the public on or about Oct. 31, 2023.
- They received a notice letter from Dakota Eye Institute about the data incident.
How much is the data breach class action payout?
Class members can claim one or more of the following benefits:
- Ordinary out-of-pocket losses: Class members can submit a claim for up to $1,000 in documented expenses traceable to the data breach and not reimbursed. Eligible expenses include credit monitoring and identity theft protection services costs, bank fees and other expenses incurred as a result of the data incident.
- Extraordinary losses: Class members can claim up to $5,000 in documented, monetary losses related to identity theft caused by the data breach.
- Credit monitoring services: All class members can elect to receive two years of single-bureau credit monitoring, which includes at least $1,000,000 in fraud insurance.
- Alternate cash payment: Class members that do not submit a claim to receive credit monitoring, can claim a $45 alternate pro rata cash payment. Final alternate payment amount will be determined by total number of claims filed.
How to claim a class action rebate
To receive a settlement payment, individuals must submit a claim form by the deadline of Jan. 12, 2026. Class members can file a claim online or download a personalized claim form from the same link to print and mail to the settlement administrator.
Settlement administrator’s mailing address: DED9 Settlement Administrator, P.O. Box 301132, Los Angeles, CA 90030-1132
Required proof and claim information
- Claim Number and PIN from official settlement notice required to submit an online claim.
- Ordinary out-of-pocket and extraordinary losses claims require supporting documentation such as receipts, bank or credit card statements showing charges and fees, invoices for services, police report and any other proof of expenses or losses due to identity theft and fraud.
Payout options
- Electronic payment
- Paper check mailed to the address provided
$1 million data breach settlement fund
The $1,000,000 settlement fund will include:
- Settlement administration costs: To be determined
- Attorneys’ fees and expenses: $350,000
- Service awards to class representatives: $2,000 each
- Credit monitoring services: Cost determined by number of claims filed
- Payments to approved claimants: Remaining settlement funds
Important dates
- Exclusion deadline: Dec. 13, 2025
- Claim filing deadline: Jan. 12, 2026
- Final approval hearing: Jan. 12, 2026
When is the Dakota Eye Institute data breach payout date?
Payments and credit monitoring codes will be issued to class members with valid claims approximately 42 days after the court grants final approval of the settlement.
Why is there a class action settlement?
The class action lawsuit alleges that Dakota Eye Institute failed to adequately protect private and protected health information, resulting in a data breach. Plaintiffs claim this led to financial and other harms.
Dakota Eye Institute denies the allegations but agreed to settle to avoid the uncertainty and expense of continued litigation and a possible trial.
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