Outcome: $3,250,000.00 Settlement
Rhonda L. Hutton, O.D. et al. v. National Board of Examiners in Optometry, Inc., Case No.: 1:16-CV-03025-JKB in the United States District Court for the District of Maryland
In a victory for data privacy and consumer protection, TZ was part of the legal team that successfully secured a substantial settlement for victims of a significant data breach targeting the optometry community. The National Board of Examiners in Optometry (NBEO) agreed to a non-reversionary cash settlement fund of $3,250,000, encompassing all individuals whose personal information was stored in NBEO’s systems as of November 15, 2018. This resolution marks a commendable moment for the affected plaintiffs, who have faced numerous fraudulent activities from unauthorized credit card applications to severe identity theft stemming solely from NBEO’s compromised data systems.
The settlement offers tangible relief for the class members, addressing the adverse impacts of the data breach and providing a measure of compensation for their troubles. Eligible participants in the settlement class could claim reimbursement for up to 40 hours at the rate of $25 per hour for time spent mitigating the breach’s repercussions, with an individual cap of $7,500 when combined with out-of-pocket losses. This reimbursement encompasses unrecouped expenses directly tied to the breach, such as fees for legal services, credit repair, credit monitoring, and various other associated costs. By successfully appealing the initial dismissal and advocating rigorously through mediation, counsel vindicated the plaintiffs’ ordeal and underscored the importance of safeguarding personal information within professional entities such as NBEO. This outcome not only provides closure and support for the victims but also reinforces the critical responsibility organizations hold in protecting consumers’ data privacy.