Outcome: $5.75 Million Settlement and injunctive relief
In re: US Fertility, LLC Data Security Litigation, Case No.: 8:21-cv-299, in the United States District Court for the District of Maryland, Southern Division
Tycko & Zavareei LLP, as one of the firms appointed class counsel, represented affected consumers in a consolidated class action against US Fertility, LLC and its related entities. The parties reached a settlement in a class action lawsuit stemming from a ransomware attack that occurred between August 12 and September 14, 2020. The attackers gained access to files containing the personal information of approximately 884,000 individuals who comprise the settlement class. The lawsuit, which was consolidated from multiple cases filed in January 2021, alleged various claims, including negligence, unjust enrichment, breach of confidence, and violations of data privacy and consumer protection laws in several states.
The settlement provided a fund of $5.75 million to compensate individuals whose personal information was compromised in the data breach. Class members were able to submit claims for payments of up to $50 without documentation, reimbursement of up to four hours of time spent dealing with the breach at $25 per hour (capped at $100), and reimbursement of out-of-pocket losses up to $15,000 with documentation. Members of the California subclass were also eligible for a statutory payment of up to $200 under the state’s Confidentiality of Medical Information Act (CMIA). In addition to monetary relief, the settlement included valuable injunctive relief, requiring USF to implement various business practice commitments and remedial measures for at least three years to protect patient information.