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ReproSource Fertility Diagnostics $1.25M Data Breach Settlement

By
Will Gendron
Updated:
Published:

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Award Summary

  • Status:
    Closed
  • Award:
    $50 - $3,000
  • Claim Deadline:
    6/20/2024
    Not Set
  • Days Remaining:
  • Proof Required:
    Yes
  • Final Approval:
    7/17/2024
  • Settlement:
    $1,250,000

ReproSource Fertility Diagnostics, Inc. has agreed to pay $1,250,000 to settle a class action lawsuit for alleged unauthorized access to personal information due to a cybersecurity attack. This settlement aims to compensate individuals whose personal information was potentially compromised during the Data Breach that occurred between August 8, 2021, and August 10, 2021.

Who Benefits? Individuals whose personal information was potentially compromised in the Data Breach and were mailed a notice letter in or around October 2021.

How much can I get? Class Members can receive up to $3,000 for out-of-pocket losses, three years of credit monitoring and identity theft insurance, or an estimated $50 cash payment. California residents may receive an additional $50.

Important Dates

  • Deadline to File a Claim: June 20, 2024
  • Opt-Out Deadline: May 20, 2024
  • Objection Deadline: May 20, 2024
  • Final Approval Hearing: July 17, 2024

Can I Claim an Award?

If you are an individual whose personal information was potentially compromised in the Data Breach and you were mailed written notice of the Data Breach in or around October 2021, you are a Class Member and may be eligible to claim an award. The Data Breach occurred on or about August 8, 2021, to August 10, 2021, and involved unauthorized access to Social Security Numbers, first and last names, email addresses, dates of birth, health insurance billing information, and treating physician information.

Class Members can submit a Claim Form to receive reimbursement for out-of-pocket losses, credit monitoring and insurance services, or a cash payment. Out-of-pocket losses include unreimbursed losses relating to fraud or identity theft, professional fees, costs associated with freezing or unfreezing credit, credit monitoring costs, and miscellaneous expenses such as notary, data charges, fax, postage, copying, mileage, cell phone charges, and long-distance telephone charges. Additionally, Class Members can claim up to 8 hours of lost time spent addressing issues related to the Data Breach at $20 per hour.

  • Out-of-Pocket Losses: Up to $3,000 for losses stemming from the Data Breach, including up to 8 hours of lost time.
  • Credit Monitoring and Insurance Services: Three years of one-credit bureau credit monitoring and $1 million in identity theft insurance.
  • Cash Fund Payment: An estimated $50 cash payment. California residents may receive an additional $50 payment.

Who is Excluded?

Excluded from the Settlement Class are Defendant and its respective officers and directors, all Class Members who timely and validly request exclusion from the Settlement Class, and the Judge assigned to evaluate the fairness of the settlement.

What Awards Can Class Members Claim?

Class Members who submit a valid and timely Claim Form are eligible to receive reimbursement of up to $3,000 per Class Member for their out-of-pocket losses that are more likely than not a result of the Data Breach. Out-of-pocket losses include unreimbursed losses relating to fraud or identity theft, professional fees, costs associated with freezing or unfreezing credit, credit monitoring costs, and miscellaneous expenses such as notary, data charges, fax, postage, copying, mileage, cell phone charges, and long-distance telephone charges. Additionally, Class Members can claim up to 8 hours of lost time spent addressing issues related to the Data Breach at $20 per hour.

  • Out-of-Pocket Losses: Up to $3,000 for losses stemming from the Data Breach, including up to 8 hours of lost time.
  • Credit Monitoring and Insurance Services: Three years of one-credit bureau credit monitoring and $1 million in identity theft insurance.
  • Cash Fund Payment: An estimated $50 cash payment. California residents may receive an additional $50 payment.

What Was Compromised in the Data Breach?

The Data Breach involved unauthorized access to the following personal information:

  • Social Security Numbers
  • First and last names
  • Email addresses
  • Dates of birth
  • Health insurance billing information
  • Treating physician information

Is Proof Required to Claim the Reward?

Yes, proof is required to claim a reward. Class Members must submit documentation of their out-of-pocket losses as part of their claim. This may include receipts or other documentation. Self-prepared documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement but may be considered to add clarity or support to other submitted documentation.

  • Out-of-Pocket Losses: Receipts or other documentation of losses incurred on or after August 8, 2021.

How to Claim Your Award

To claim your award, you must complete and submit a Claim Form to the Claims Administrator, postmarked or submitted online on or before June 20, 2024. Claim Forms may be submitted online at this link or printed from the Settlement Website and mailed to the Settlement Administrator at the address on the form. The quickest way to submit a claim is online. Claim Forms are also available by calling (833) 383-4970 or by writing to:

Settlement Administrator – 181443

c/o Kroll Settlement Administration LLC

PO Box 5324

New York, NY 10150-5324

If you change your mailing address after you submit a Claim Form, it is your responsibility to inform the Claims Administrator of your updated information. You may notify the Claims Administrator of any changes by calling (833) 383-4970 or by writing to the address above.

$1,250,000 Settlement

The settlement amount is $1,250,000. This amount will be used to pay for the claims of Class Members, attorneys' fees and costs, and service awards for the named plaintiffs. Class Counsel will file a motion asking the Court to award attorneys' fees and costs not to exceed one-third of the Settlement Fund, or approximately $416,666.66. They will also ask the Court to approve service awards of up to $2,500 to each of the named plaintiffs for their participation in the litigation and their efforts in achieving the settlement.

Why Is There a Class Action Settlement?

The Plaintiffs allege that on or about August 8, 2021, to August 10, 2021, an unauthorized user launched a cybersecurity attack on ReproSource's network and computer systems, potentially resulting in unauthorized access to personal information. The Defendant 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. By entering into the settlement, the Defendant is not admitting any wrongdoing.

The Court must still decide whether to approve the settlement and the requested attorneys' fees and costs. No settlement benefits or payments will be provided unless the Court approves the settlement and it becomes final. The final approval hearing is scheduled for July 17, 2024, at 11:00 AM before Judge George A. O'Toole, Jr. at the United States District Court, District of Massachusetts, John Joseph Moakley Courthouse, 1 Courthouse Way, Suite 2300, Boston, MA 02210.

Notice Letter

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  • Case Number:
    1:21-cv-11879-GAO
  • Filing Date:
  • Jurisdiction:
    U.S. District Court
  • State:
  • Court:
    Massachusetts District
  • Plaintiff:
  • Defendant:
    ReproSource Fertility Diagnostics, Inc.
  • Class Counsel:
    Migliaccio & Rathod LLP
  • Claims Administrator:
    Kroll Settlement Administration LLC PO Box 5324 New York, NY 10150-5324 (833) 383-4970
  • Defendant Firm: