Learn How This Settlement Affects Your Rights and Get Answers to Your Questions About the Settlement
Choice Health Data Settlement
Boykin v. Choice Health Insurance, LLC
Case No. 4:22-cv-03940-JD
United States District Court for the District of South Carolina
Welcome to Choice Health Data Settlement Home Page
- A Settlement has been reached in a class action lawsuit concerning Choice Health Insurance, LLC (“Defendant” or “Choice Health”) and a data incident (the “Data Incident”) that occurred in or around May 2022, when one or more unauthorized individuals accessed information on a database belonging to Choice Health, including names, Social Security numbers, Medicare beneficiary identification numbers, dates of birth, addresses, contact information, and health insurance information (“Private Information”).
- The lawsuit is called Boykin v. Choice Health Insurance, LLC, Case No. 4:22-cv-03940-JD (D.S.C.). The lawsuit asserts claims related to the Data Incident. The Defendant in the lawsuit is Choice Health Insurance, LLC. Choice Health denies it is or can be held liable for the claims made in the lawsuit. The Settlement does not establish who is correct, but rather is a compromise to end the lawsuit.
- Members of the Class are all individuals to whom Choice Health sent notice of the Data Incident that occurred in May 2022. The Class specifically excludes: (i) all Persons who timely and validly request exclusion from the Class; (ii) the Judge assigned to evaluate the fairness of this settlement (including any members of the Court’s staff assigned to this case); (iii) Defendant’s officers and directors, and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.
- Class Members Members are eligible to receive the following relief: (1) up to $4,000 in reimbursement for Out-of-Pocket Losses consisting of actual documented losses or expenses resulting from the Data Incident, and (2) a $75 cash payment that will be pro rata reduced or increased based on the money remaining in the Settlement Fund after the payment of attorneys’ fees and expenses, Settlement Administration expenses, Class Representative Service Award, and valid claims for Out-of-Pocket Losses. Valid Claims for Out-of-Pocket Losses and pro rata cash payments may be combined.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
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SUBMIT A CLAIM FORM | This is the only way you may receive benefits from this Settlement. The deadline to submit a Claim Form is January 9, 2024. |
EXCLUDE YOURSELF FROM THE SETTLEMENT | You will receive no payment, but you will retain any rights you currently have with respect to Defendant and the issues in this case. You may download an exclusion form here. The deadline to exclude from the Settlement is December 26, 2023. |
OBJECT TO THE SETTLEMENT | Write to the Court explaining why you do not agree with the Settlement. The deadline to object is December 26, 2023. |
ATTEND THE FINAL APPROVAL HEARING | You may ask the Court for permission for you or your attorney to speak about your objection at the Final Approval Hearing. The Final Approval Hearing will be held on January 30, 2024 at 10:30 a.m. Eastern Time. |
DO NOTHING | You get no payment and you give up rights. |