The Plaintiff claims that Defendant failed to implement and maintain reasonable security measures necessary to protect Private Information that it maintained on its database.

Defendant denies that it is or can be held liable for the claims made in the lawsuit. More information about the allegations in the lawsuit and Defendant’s responses can be found in the “Court Documents” section of this website.

This Settlement provides eligible Class Members with (1) up to $4,000 in reimbursement for Out-of-Pocket Losses consisting of actual documented out-of-pocket losses or expenses that are fairly traceable to the Data Incident, and (2) a cash payment of approximately $75 that will be pro rata increased or reduced based on the money remaining in the Settlement Fund after the payment of attorneys’ fees and costs, Settlement Administration costs, 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.

Who May Recover for Out-of-Pocket Losses and for How Much?

If you are a Class Member and you incurred documented out of pocket losses fairly traceable to the Data Incident and/or documented unreimbursed expenses incurred after May 7, 2022 that are related to the Data Incident, you may be eligible to receive reimbursement of your losses and expenses up to a total of $4,000 per Class Member. Eligible losses or expenses include, without limitation: (1) unreimbursed costs, expenses, losses or charges incurred a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of a Settlement Class Member’s Social Security number; (2) unreimbursed costs incurred on or after May 7, 2022 associated with accessing or freezing/unfreezing credit reports with any credit reporting agency; (3) other unreimbursed miscellaneous expenses incurred related to any Out-of-Pocket Expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges; (4) other mitigative costs fairly traceable to the Data Incident that were incurred on or after May 7, 2022 through the date of the Settlement Class Member’s claim submission; and (5) unpaid time off work to address issues fairly traceable to the Data Incident at the actual hourly rate of that Settlement Class Member.

Settlement Class Members who elect to submit a claim for reimbursement of Out-of- Pocket Losses must provide to the Claims Administrator information required to evaluate the claim, including: (1) the Settlement Class Member’s name and current address; (2) documentation reasonably supporting their claim; and (3) a brief description of the nature of the loss, if the nature of the loss is not apparent from the documentation alone. Documentation supporting Out-of-Pocket Losses can include receipts or other documentation not “self-prepared” by the Settlement Class Member concerning the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to clarify or support other submitted documentation.

Who May Receive a separate Pro Rata Cash Payment and for How Much?

All Class Members may make a Claim to receive a cash payment of approximately $75 that will be adjusted up or down to account for the money remaining in the Settlement Fund after the payment of attorneys’ fees and costs, Settlement Administration costs, Class Representative Service Award, and valid claims for Out-of-Pocket Losses. Class Members do not need to suffer Out-of-Pocket Losses for eligibility to file a claim for a pro rata cash payment.

Maximum Settlement Contribution: Under this Settlement, the maximum total amount Defendant may be required to pay is $500,000.00. This maximum includes reimbursements for Out-of-Pocket Losses up to $ 4,000 and pro rata cash payments of approximately $75, attorneys’ fees, costs, and expenses awarded by the Court to Class Counsel, any awarded class representative service awards, and notice and administrative costs for the Settlement. In no event shall Defendant’s total financial obligation under the Settlement exceed $500,000.00.

(1) Submit a claim.  

By submitting a valid claim form by on or before the claim deadline of January 9, 2024. If you received the October 2022 data breach notification letter, you can make a claim by filling out and submitting the claim form. You can also contact the Settlement Administrator to request a paper claim form by telephone (877-592-2028), email (info@ChoiceHealthDataSettlement.com), or U.S. mail (Boykin v. Choice Health Insurance, LLC, c/o Settlement Administrator, P.O. Box 2007, Chanhassen, MN 55317-2007).

Claims will be subject to a verification process. You will need the Class Member ID provided on the front of your postcard Notice (or the top of your email notice) to fill out a Claim Form. If you do not know your Class Member ID, please contact the Settlement Administrator.

(2) Exclude yourself.

You can ask to be excluded from the Settlement. To do so, you must mail a letter or exclusion form stating: (1) the name of the proceeding, Boykin v. Choice Health Insurance, LLC, Case No. 4:22-cv-03940-JD (D.S.C.); (2) your full name; (3) your current address; (4) your personal signature; and (5) a clear statement of your intent to opt-out of or exclude yourself from the settlement. You must mail your exclusion request, postmarked no later than December 26, 2023, to the following address:

Boykin v. Choice Health Insurance, LLC
c/o Settlement Administrator
P.O. Box 2007
Chanhassen, MN 55317-2007

You cannot exclude yourself by phone or email. Each individual who wants to be excluded from the Settlement must submit his or her own exclusion request. No group opt-outs shall be permitted.

(3) Object to the Settlement.

If you did not exclude yourself from the Class and think that the Court should not approve the settlement, you can object to the Settlement and provide reasons why you think the settlement should not be approved. Such notice must state: (i) your full name and address; (ii) the case name and docket number, Boykin v. Choice Health Insurance, LLC, Case No. 4:22-cv-03940-JD (D.S.C.); (iii) information identifying yourself as a Class Member, including proof that you are a member of the Class (e.g., copy of your settlement notice, copy of original notice of the Data Incident, or a statement explaining why you believe you are a Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection that you believe is applicable; (v) the identity of any and all counsel representing you in connection with your objection; (vi) a statement whether you and/or your counsel will appear at the Final Fairness Hearing; and (vii) your signature or the signature of your duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection.

To be timely, written notice of an objection in the appropriate form must be mailed, with a postmark date no later than December 26, 2023, to the Settlement Administrator, Analytics Consulting LLC, at Boykin v. Choice Health Insurance, LLC, c/o Settlement Administrator, P.O. Box 2007, Chanhassen, MN 55317-2007. You or your counsel shall also file any Objection with the Court through the Court’s ECF system or by submitting your objection to the Clerk of Court, which is located at the McMillan Federal Building, 401 West Evans St. Florence, South Carolina 29501.

For all objections mailed to the Settlement Administrator, Class Counsel will file them with the Court with the Motion for Final Approval of the Settlement, unless the Objection(s) were previously filed on the docket.

(4) What happens if I do nothing at all?

If you do nothing, you will receive no payment under the Settlement for any losses incurred as a result of the Data Incident. You will be in the Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, the Settlement, and its included Release. You will be deemed to have participated in the Settlement and will be subject to the provisions of Section 11 above. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendant for the claims or legal issues resolved in this Settlement.

The Court will hold the Final Approval Hearing on January 30, 2024 at 10:30 a.m. Eastern Time at the McMillan Federal Building, 401 West Evans St. Florence, South Carolina 29501. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the Service Award Payment to the Class Representative. Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted at this website, or through the Court’s publicly available docket. You should check the Settlement Website to confirm the date and time have not been changed.

The Court has appointed Philip J. Krzeski and Bryan L. Bleichner of Chestnut Cambronne PA; Terence R. Coates, Dylan J. Gould, and Jonathan T. Deters, of Markovits, Stock & DeMarco, LLC; Joseph M. Lyon of The Lyon Law Firm; and Glen Ohanesian of Ohanesian Law Offices as “Class Counsel.”

More details are in the Settlement Agreement, which is available here.

YOU MAY CONTACT THE SETTLEMENT ADMINISTRATOR ONLINE AT INFO@CHOICEHEALTHDATASETTLEMENT.COM, BY CALLING TOLL-FREE 877-592-2028, OR WRITING TO:

Boykin v. Choice Health Insurance, LLC
c/o Settlement Administrator
P.O. Box 2007
Chanhassen, MN 55317-2007

PLEASE DO NOT CALL THE COURT, THE CLERK OF THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.