Frequently Asked Questions

  1. Am I included in the Settlement?

    If you were sent notice by UnityPoint Health in April and/or July 2018 that your personal information and/or protected health information may have been or was exposed to unauthorized third parties as a result of the Security Incidents, you are a member of the Settlement Class.

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  2. What does this Settlement provide?

    If the Court grants final approval, UnityPoint Health will provide the Settlement benefits listed below to Settlement Class members. These benefits are not mutually exclusive, such that you may claim any one or more of the following.

    • One year of comprehensive credit monitoring and identity theft protection services through Identity Guard’s Total Plan, which can be deferred for one year. The credit monitoring will be provided through Identity Guard’s Total Plan, powered by IBM Watson, and shall include at least the following, or similar, services: up to $1 million dollars reimbursement insurance from AIG covering losses due to identity theft and stolen funds; three-bureau credit monitoring, providing notice of certain changes to the enrolled Settlement Class member’s credit profile; real-time authentication alerts in as little as three seconds when someone attempts to make a change to enrolled Settlement Class members’ personal account information within Identity Guard’s network; alerts based on searches of payday-loan providers and court records and monitoring of the top ten largest U.S. financial institutions, for attempted or actual fraudulent use of the enrolled Settlement Class members’ information; Dark Web Monitoring that will provide notification if an enrolled Settlement Class member’s information such as Social Security number, credit card numbers, financial account numbers, and health insurance number are found on the Dark Web; threat alerts powered by IBM “Watson’s” artificial intelligence of potential threats relevant to the enrolled Settlement Class members found by IBM Watson’s artificial intelligence, for instance: breaches, phishing scams, and malware vulnerabilities; customer support and victim assistance provided by Identity Guard; anti-phishing applications for iOS & Android Mobile devices; and safe browsing software for personal computers and Macs to help protect the enrolled Settlement Class member’s computer(s) against malicious content with an add-on for Safari, Chrome, and Firefox web browsers that delivers proactive malware protection by blocking various malware delivery channels including phishing, malvertisements, and Flash (the extension also blocks content and tracking cookies to help protect personal information). This credit monitoring benefit can be deferred for one year upon request.
    • Cash payment for up to $1,000.00 of Ordinary Expenses, including up to 3 hours of time valued at $15.00 per hour as well as documented out-of-pocket costs related to the Security Incidents, such as the costs of credit monitoring and identity theft protection services. All Settlement Class members who submit a valid Claim are eligible to recover compensation for 100% of their ordinary out-of-pocket expenses, not to exceed $1,000.00 per Settlement Class member, that were incurred between February 7, 2018, and the Claims Deadline, as a result of the Security Incidents, including (i) long-distance telephone charges; (ii) cell minutes (if charged by minute), Internet usage charges (if charged by the minute or by the amount of data usage and incurred solely as a result of the Security Incidents), and text messages (if charged by the message and incurred solely as a result of the Security Incidents); (iii) postage; (iv) documented costs associated with miscellaneous expenses such as notary, fax, postage, copying, and mileage; (v) documented costs associated with credit freezes; (vi) documented costs of credit monitoring services active between February 7, 2018, and one year after the Claims Deadline; and (vii) up to three (3) hours of lost time compensated at $15.00 per hour.
    • Cash payment for up to $6,000.00 of documented Extraordinary Expenses such as documented out-of-pocket costs or losses related to identity theft or fraud, including up to 10 additional hours of time valued at $15.00 per hour. All Settlement Class members who submit a valid Claim are also eligible to recover compensation for 100% of their documented extraordinary monetary out-of-pocket losses and extraordinary compensable additional lost time incurred on or after February 7, 2018, as a result of the Security Incidents, in an amount not to exceed $6,000.00 per Settlement Class member. Extraordinary out-of-pocket expense reimbursements shall include, but are not limited to (i) documented professional fees and other costs incurred to address identity fraud or theft, including but not limited to falsified tax returns, new account fraud, existing account fraud, account takeover, and medical-identity theft; (ii) other documented unreimbursed losses, fees, or charges incurred as a result of identity fraud or theft, including, but not limited to (a) unreimbursed bank fees, (b) unreimbursed card reissuance fees, (c) unreimbursed overdraft fees, (d) unreimbursed charges related to unavailability of funds, (e) unreimbursed late fees, (f) unreimbursed over-limit fees, (g) unreimbursed charges from banks or credit card companies, and (h) interest on payday loans due to card cancellation or due to over-limit situations; and (ii) reimbursement for up to five (10) additional hours of lost time (compensated at $15.00 per hour), not reimbursed as ordinary compensable lost time, spent resolving documented extraordinary losses.
    • Fees, Costs and Expenses Associated with the Settlement. In addition to the payment of timely and valid claims, the parties have agreed that UnityPoint Health will pay for (1) all fees, costs and expenses associated with the administration of the Settlement; (2) an Attorneys’ Fees and Expenses award, to be requested by Class Counsel, not to exceed $1,575,000; and (3) an incentive award, to be requested by the Class Representatives, not to exceed $2,500 per Class Representative.
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  3. What options do I have?

    Action Explanation Deadline
    Obtain Benefits Under the Settlement and Submit a Claim Form To obtain benefits under the Settlement, Settlement Class members must have filed a valid and timely claim by March 2, 2021. Claims must have been filed on or before March 2, 2021.
    Object to the Settlement

    Settlement Class members had the opportunity to object to the Settlement. If you objected, you will still be eligible to receive benefits under the Settlement if you filed a valid and timely claim.

    Objections must have been filed on or before January 4, 2021.
    Exclude Yourself from the Settlement If you chose to exclude yourself (opt-out) from the Settlement, you will not be included in the Settlement, you will not receive any benefits under the Settlement, and you will retain any right you currently have to sue UnityPoint Health about the claims in the Action. Requests for exclusion must have been mailed on or before January 4, 2021.
    Do Nothing If you did not make a claim or exclude yourself from the Settlement within the deadlines stated above, you will not receive any benefits under the Settlement, and you will give up your right to sue UnityPoint Health about the legal claims asserted in the Action.  
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  4. How do I receive a benefit?

    If you are an eligible Settlement Class member and you wish to receive a payment from the Settlement, then you must have filed a valid Claim by March 2, 2021.

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  5. What is the deadline to submit a claim for payment?

    Your Claim Form must have been submitted online or postmarked by no later than March 2, 2021. Claims submitted or postmarked after March 2, 2021 will not be paid. If your Claim is missing information or necessary documentation, however, you will be notified by the Claims Administrator, and you will have an additional 30 days from the date you are notified to fix the deficiency.

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  6. When and how will I receive my payment?

    The Court has granted Final Approval. Payments and Credit Monitoring information are being prepared for eligible Claimants and, in accordance with the terms of the Settlement, may be issued starting in late August 2021.

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  7. What would I be giving up in exchange for receiving the Settlement benefits?

    Unless you affirmatively excluded yourself, you agree to the “Release” of claims as described in Section V of the Settlement Agreement. That means that you cannot sue, continue to sue, or be part of any other lawsuit against UnityPoint Health related to the Security Incidents at issue in this Action. It also means that the Court’s orders apply to you and legally bind you. For more information, please review the Court-approved Notice and the Class Action Settlement Agreement.

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  8. How do I opt out of the Settlement?

    To exclude yourself from the Settlement Class, you must have submitted a written request to the Claims Administrator no later than January 4, 2021.

    You cannot exclude yourself by telephone, email, or on this website.

    DO NOT SUBMIT BOTH A CLAIM FORM AND A REQUEST FOR EXCLUSION. IF YOU SUBMITTED BOTH A CLAIM FORM AND A REQUEST FOR EXCLUSION, THE REQUEST FOR EXCLUSION HAS BEEN DISREGARDED.

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  9. How do I tell the Court if I do not like the Settlement?

    If you did not exclude yourself, you had the right to object to the Settlement if you disagreed with any part of it. To object, you must have mailed a written statement of your objection to the following three places postmarked no later than January 4, 2021:

    Court Class Counsel UnityPoint’s Counsel
    United States District Court for the Western District of Wisconsin
    United States District Court
    120 North Henry Street
    Room 320
    Madison, Wisconsin 53703
    Cari C. Laufenberg
    KELLER ROHRBACK L.L.P.
    1201 Third Avenue
    Suite 3200
    Seattle, Washington 98101
    Casie D. Collignon
    BAKER & HOSTETLER LLP
    1801 California Street
    Suite 4400
    Denver, Colorado 80202

    Your objection must have included (a) your full name, address, telephone number, and email address (if any); (b) information identifying you as a Settlement Class member; (c) a written statement of all grounds for the objection, accompanied by any legal support you would like to submit; (d) the identity of all lawyers (if any) representing you; (e) the identity of all lawyers (if any) who will appear at the Final Fairness Hearing on your behalf; (f) a list of all persons you will be calling to testify at the Final Fairness Hearing in support of your objection; (g) a statement confirming whether you intend to personally appear and/or testify at the Final Fairness Hearing; and (h) your signature or the signature of your duly authorized lawyer or other duly authorized representative.

    In addition to the foregoing, objections should have also provided the following information: (a) a list, by case name, court, and docket number, of all other cases in which you (directly or through a lawyer) filed an objection to any proposed class action settlement within the last three (3) years; (b) a list, by case name, court, and docket number, of all other cases in which your lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and (c) a list, by case number, court, and docket number, of all other cases in which you have been a named plaintiff in any class action or served as a lead plaintiff or class representative.

    You will not be excluded from the Settlement by filing an objection.

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  10. What is the difference between objecting to the Settlement and opting out?

    You can object only if you did not exclude yourself from the Settlement Class. If you excluded yourself, the Action and the Settlement no longer affect you, so you have no basis to object.

    If you object to the Settlement, you are expressing your views about the Settlement but remain a member of the Class. If you made an objection, you could have submitted a claim in order to receive compensation under the Class Action Settlement.

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  11. Do I have a lawyer in the case?

    For purposes of this Settlement, the Class Representatives and the Settlement Class are represented by Cari Campen Laufenberg of Keller Rohrback L.L.P.; Ronald A. Marron of the Law Offices of Ronald A. Marron, APLC; and Robert L. Teel, Of Counsel to the Law Offices of Ronald A. Marron, APLC. You will not be personally charged for their work on the case. Instead, Defendant has agreed to separately pay Class Counsel’s fees and expenses up to $1,575,000, subject to Court approval. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  12. When and where will the Court decide whether to approve the Settlement?

    The Court granted Final Approval on March 4, 2021.

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  13. Did I have to attend the hearing?

    You are not required to attend the Final Fairness Hearing. Final Approval was granted by the Court on March 4, 2021.

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  14. How can I receive a new check if I lost mine/never received mine?

    If your settlement check was lost or never received, you may request that a replacement check be mailed to you. For reasons of security, a check reissue cannot take place until either the original check is received back by the Settlement Administrator, the mailing has been returned to the Settlement Administrator as undeliverable, or the original stale date of the check has passed. Once one of these conditions has occurred, the Settlement Administrator will reissue your check in the next scheduled check issuance. We thank you for your patience.

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  15. When will my check be reissued?

    For security reasons a check reissue cannot take place until either the original check is received back by the Settlement Administrator, the mailing has been returned to the Settlement Administrator as undeliverable, or the original stale date of the check has passed. Once one of these conditions has occurred, the Settlement Administrator will reissue your check in the next scheduled check issuance. We thank you for your patience.

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  16. How can I receive a new check if mine was damaged?

    If your settlement check was damaged, you may request that a replacement check be mailed to you. To do so, please return your damaged check to the Settlement Administrator with a written request asking that a replacement check be issued and mailed to you. Please mail your check and request to the Settlement Administrator at the following address:

    UnityPoint Health Settlement
    Settlement Administrator
    P.O. Box 4098
    Portland, OR 97208-4098

    For reasons of security, a check reissue cannot take place until either the original check is received back by the Settlement Administrator, the mailing has been returned to the Settlement Administrator as undeliverable, or the original stale date of the check has passed. Once one of these conditions has occurred, the Settlement Administrator will reissue your check in the next scheduled check issuance. We thank you for your patience.

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  17. What if I changed my name and need a check reissued?

    Even if your legal name has changed, you may be able to deposit the check with your bank if you present the check with name change documentation, such as a marriage certificate. This will be the quickest way for you to cash your check. If you are unable to work with your bank to deposit your check, please return your check to the Settlement Administrator with a written request asking that a replacement check be issued and mailed to you. Your check and request should be mailed to the Settlement Administrator at the following address:

    UnityPoint Health Settlement
    Settlement Administrator
    P.O. Box 4098
    Portland, OR 97208-4098

    For reasons of security, a check reissue cannot take place until either the original check is received back by the Settlement Administrator, the mailing has been returned to the Settlement Administrator as undeliverable, or the original stale date of the check has passed. Once one of these conditions has occurred, the Settlement Administrator will reissue your check in the next scheduled check issuance. We thank you for your patience.

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  18. What if I changed my address and need a check reissued?

    If the address on your settlement check is no longer your primary mailing address, please submit an address change request to the Settlement Administrator, along with a request for your check to be reissued. Please provide your previous address as well as enough information to locate your record such as your name, tracking number, Unique ID, or check number. Please email your request to the Settlement Administrator at info@UPHSettlement.com or send it via postal mail to the following address:

    UnityPoint Health Settlement
    Settlement Administrator
    P.O. Box 4098
    Portland, OR 97208-4098

    For reasons of security, a check reissue cannot take place until either the original check is received back by the Settlement Administrator, the mailing has been returned to the Settlement Administrator as undeliverable, or the original stale date of the check has passed. Once one of these conditions has occurred, the Settlement Administrator will reissue your check in the next scheduled check issuance. We thank you for your patience.

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  19. Can my check reissue be expedited?

    Check reissues are unable to be expedited. Once your reissue request is received, and the check has been returned to the Settlement Administrator by you or the Postal Service, the Settlement Administrator will reissue your payment in the next scheduled check issuance.

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  20. How do I get more information?

    This website addresses common questions regarding the Settlement. You should also review the Court-approved Notice, Class Action Settlement Agreement, and other Settlement-related documents for additional information regarding the Settlement and your rights, located here. If you have any additional questions regarding the Settlement or wish to update your address, you may contact the Claims Administrator at the information below. Please include your name and your return address on all correspondence.

    UnityPoint Health Settlement
    Claims Administrator
    P.O. Box 4098
    Portland, OR 97208-4098
    1-855-917-3553
    info@UPHSettlement.com

    Do not contact UnityPoint Health or the Court for additional information.

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