Independent Living Systems Data Breach Litigation

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA

In re Independent Living Systems Data Breach Litigation

Master File No. 1:23-cv-21060-Williams 
 

A court has authorized this website.  This is not a solicitation from a lawyer.

If you are a U.S. resident who received a notice of a Data Security Incident stating that your Sensitive Information was potentially compromised through the June/July 2022 Data Security Incident of Independent Living Systems LLC’s (“ILS”) computer systems or if you have a good faith reason to believe your Sensitive Information was potentially compromised through that Data Security Incident, you may be entitled to benefits from a class action settlement. The Settlement Class consists of “[a]ll Persons residing in the United States whose personal information was exposed or potentially accessed in the Data Security Incident at ILS.” 

• The class action lawsuit concerns a Data Security Incident that occurred in June/July 2022 (the “Data Security Incident”) involving Independent Living Systems LLC (“ILS” or “Defendant”) in which an unauthorized third party may have gained access to certain files containing sensitive personal information stored on ILS’ systems, including: (1) personal identifying information (“PII”), including names, Social Security Numbers, or taxpayer identification numbers; and (2) protected health information (“PHI”), including medical information and health insurance information (“Sensitive Information”). ILS denies any wrongdoing or liability.
• The parties have agreed to a proposed class action Settlement with a non-reversionary settlement fund (the “Settlement Fund”).
• To be eligible to make a Claim, you must have received a notice from ILS of the Data Security Incident or have a good faith reason to believe your Sensitive Information was compromised in the Data Security Incident.
• Eligible claimants under the Settlement Agreement will be eligible to receive one and/or two of the following Settlement benefits:
   
• Out-of-Pocket Loss Claims: Claimants with Approved Claims will receive a payment for the actual amount of unreimbursed Out-of-Pocket Losses or expenses up to $5,000, provided they submit supporting documentation of the monetary losses or expenses; and
   
• Cash Payment: Claimants with Approved Claims can select one of the following cash payments, based upon eligibility:
   
  • California Cash Compensation (California Cash Payment): After the payment of Out-of-Pocket Loss Claims, the Settlement Administrator will make settlement payments of two pro rata shares (2x) of the remaining Net Settlement Fund for each Settlement Class Member residing in California at the time of the Data Security Incident. The amount of this payment will increase or decrease on a pro rata basis depending upon the number of Approved Claims filed. You must have been a California resident on June 30, 2022, to select this option.
     
  • Cash Compensation (Pro Rata Cash Payment): After payment of Out-of-Pocket Loss Claims, the Settlement Administrator will make settlement payments of a single pro rata share of the remaining Net Settlement Fund for each Settlement Class Member who did not reside in California at the time of the Data Security Incident. The amount of this payment will increase or decrease on a pro rata basis depending upon the number of Approved Claims filed.
     
• For more information visit the FAQ page.
   
• Please read this Website carefully. Your legal rights will be affected, and you have a choice to make at this time.

• Your rights and options as a Settlement Class Member – and the deadlines to exercise your rights – are explained in this website.
• The Court still will have to decide whether to approve the Settlement. Payments to Settlement Class Members will be made if the Court approves the Settlement and after any possible appeals are resolved.