Select Americans could get cash from the settlement soon and no proof is needed.
The direct payment opportunity comes after a class action lawsuit was filed against the physical therapy company.
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Plaintiffs in the lawsuit accused Upstream Rehabilitation of failing to protect customer information that was exposed to hackers and third parties as part of the data breach, according to a website created for the case.
Upstream Rehabilitation has 1,200 locations nationwide.
The breach occurred between January 24 and 31, 2023, and February 3 and 9, 2023.
Upstream Rehabilitation allegedly did not have reasonable cybersecurity measures in place to prevent the data breach.
This allowed dates of birth, names, demographic information, diagnoses, health insurance data and more to be leaked, according to prosecutors.
While Upstream Rehabilitation did not admit wrongdoing, it agreed to a $4.3 million settlement to resolve the claims and avoid further legal costs.
Eligibility and submitting a claim
Those eligible to receive a payment from the settlement pot must have had their personal health information exposed by Upstream Rehabilitation during both periods of the data breach.
This is the only requirement, and those who are already part of the class should receive notification by mail or email.
The notice will include a unique ID and PIN to enter on the settlement website to file a claim.
Those who have not received their unique ID and PIN and still download a paper claim form on the website to submit via mail to the adjuster.
Premium
No proof is required to file a claim or receive compensation from a data breach settlement, but having documentation of any losses can significantly increase the amount.
For example, any eligible claimant who has documented financial losses as a result of a data breach through credit charges, fraudulent charges, identity theft damages, professional fees, or otherwise can receive up to $5,000.
They will additionally receive three years of free credit monitoring.
Those who have no proof of losses will still receive a prorated distribution of the settlement fund.
What is a class action settlement?
Class action lawsuits provide groups of people, or “classes,” a way to band together in court.
These lawsuits are often brought by one or a few people who allege that a company or other entity has wronged a large group of people.
When a lawsuit becomes a class action, it extends to all “class members,” or people who may have complaints similar to those who filed the lawsuit.
Companies often settle class actions—offering payment to class members who typically waive their right to pursue further legal action by accepting money.
These payment agreements often include statements from the defendant denying any wrongdoing. Companies tend to settle class actions to avoid the costs of further lawsuits.
Pollution, discrimination, or false advertising are some examples of what could land a class action lawsuit on a company's doorstep.
The current estimate is about $50 per claimant, but this number may be lower or higher depending on eligible claims submitted.
Deadlines
Claimants should be careful about the January 30, 2025 application deadline.
The deadline for exclusion and objection has already passed on December 31, 2024.
A final approval hearing in this case is scheduled for February 24, 2025.
The funds will likely be distributed sometime soon after.
Americans should also be aware of other compromises underway.
Hospital patients can receive a one-time payment of up to $5,000 from the settlement but they only have days left to file a claim.
Healthy eaters can also receive checks worth up to $173,330 from the food poisoning settlement, and there are four opportunities to get the money.
