Smile Brands $13,000,000 Data Breach Settlement

Jerome Andries, Esq.
Reporter and Licensed Attorney
Published
November 2, 2023 4:56 PM
Updated
July 27, 2024
Smile Brands $13,000,000 Data Breach Settlement
Settlement Open for Claims
Award:
Up to $5,000
Deadline:
November 16, 2023
SUBMIT CLAIM

Smile Brands Inc., a leading dental service organization, has reached a proposed settlement in a class-action lawsuit. This lawsuit, Hellyer v. Smile Brands Inc., revolves around an alleged data breach that occurred on April 24, 2021. The settlement, expected to exceed $13 million, is aimed at providing various benefits to the affected individuals whose personally identifiable information (PII) or protected health information (PHI) were allegedly compromised.

$13 Million Settlement

The settlement fund established by Smile Brands Inc. is expected to exceed $13 million. This fund is intended to provide various benefits to the settlement class members who were affected by the alleged data breach. The benefits include two years of comprehensive Credit Monitoring and Identity Theft Insurance Services through Experian, cash monetary payments for alleged damages, and enhanced security measures valued at over $4.5 million.

The settlement also includes cash payments for documented losses or out-of-pocket costs, as well as for documented time spent addressing issues related to the breach. These payments can go up to $5,000 and $125 respectively, depending on the documentation provided by the claimants.

Important Dates

The deadline to submit a claim form is November 16, 2023. The court has granted preliminary approval of the settlement, and a final approval hearing is scheduled for January 16, 2024.

Who Are the Class Members?

The settlement class includes individuals whose personally identifiable information (PII) or protected health information (PHI) were allegedly acquired as a result of the data breach that occurred on April 24, 2021. These individuals must have received individualized written notice of the alleged data breach from Smile Brands or a Smile Brands-affiliated dental practice.

Exclusions from the settlement class include judges, justices, judicial officers presiding over the case, their immediate families, judicial staff, Defendants, entities in which Defendants have a controlling interest, Defendants' officers, directors, legal representatives, successors, subsidiaries, and assigns. Also excluded are individuals who timely and validly request exclusion from the Settlement Class and their successors or assigns.

What Can Class Members Claim?

Class members can claim various benefits under the settlement. These benefits include two years of comprehensive Credit Monitoring and Identity Theft Insurance Services through Experian. This service is intended to help class members monitor their credit and protect against potential identity theft.

Additionally, class members can claim cash monetary payments for alleged damages incurred as a result of the data breach. These payments can go up to $5,000 for documented losses or out-of-pocket costs and up to $125 for up to five hours of documented time spent addressing issues related to the breach. Class members can also benefit from enhanced security measures taken by Smile Brands valued at over $4.5 million.

Is Proof Required to Claim the Reward?

Yes, claimants must provide Reasonable Documentation such as credit card statements, bank statements, invoices, telephone records, and receipts to support their claims for Documented Time and Out-of-Pocket Costs.

Why Is There a Class Action Settlement?

The class action lawsuit was filed against Smile Brands Inc. following an alleged data breach that occurred on April 24, 2021. The plaintiffs claimed that Smile Brands Inc. failed to adequately protect their personally identifiable information (PII) and protected health information (PHI), leading to the breach.

The settlement aims to resolve these claims and provide compensation to the affected individuals. If you are a class member, you can submit a claim form online or by mail to the Settlement Administrator. The deadline to submit a claim form is November 16, 2023.

Notice Letter

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Status
Closed
Category
Data Breach
Settlement Amount
$13,000,000
Award
Up to $5,000
Is Proof Required?
Proof Required
Proof Required
Days Remaining to file Claim
Claim Deadline
November 16, 2023
Fairness Hearing
Final Approval Hearing
January 16, 2024
Case Number
Case Title
Hellyer v. Smile Brands Inc.
State
California
Court
Jurisdiction
U.S. District Court for the Southern District of California
Claims Administrator
Simpluris, Inc. P.O. Box 25397 Santa Ana, CA 92799 (877) 723-7132 info@smilebrandsbreachsettlement.com
Class Counsel
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