$1M Dakota Eye Institute data breach class action settlement

Dakota Eye Institute agreed to a $1 million class action lawsuit settlement to resolve claims it failed to prevent a 2023 data breach that compromised patient information.

The Dakota Eye Institute settlement benefits individuals whose private information was compromised in the Dakota Eye Institute data breach disclosed on Oct. 31, 2023.

The Dakota Eye Institute is an eye care center in North Dakota that offers eye exams, cataract surgery, LASIK, glaucoma treatment and other services.

According to a class action lawsuit, Dakota Eye Institute failed to prevent a data breach that occurred in October 2023. The Dakota Eye Institute data breach allegedly compromised sensitive patient information, including Social Security numbers.

Plaintiffs in the data breach class action lawsuit claim Dakota Eye Institute could have prevented the breach through reasonable cybersecurity measures. The company’s failure to implement such measures allegedly violated its legal duties to patients.

Dakota Eye Institute has not admitted any wrongdoing but agreed to a $1 million class action settlement to resolve the allegations.

Under the terms of the Dakota Eye Institute settlement, class members can receive up to $1,000 for ordinary out-of-pocket expenses related to the data breach. These expenses may include bank fees, credit costs, credit monitoring expenses and other unreimbursed losses.

Class members who experienced extraordinary losses related to identity theft or fraud can receive up to $5,000 in compensation for these damages.

Class members can also receive two years of free credit monitoring services. These services include single-bureau monitoring and at least $1 million in fraud insurance.

Class members who choose to receive cash payments instead of credit monitoring can receive $45. This payment may be increased or decreased depending on the number of claims filed with the settlement.

The deadline for exclusion and objection is Dec. 13, 2025.

The final approval hearing for the Dakota Eye Institute data breach settlement is scheduled for Jan. 12, 2026.

To receive settlement benefits, class members must submit a valid claim form by Jan. 12, 2026.

Who’s Eligible

Individuals whose private information was compromised in the Dakota Eye Institute data breach discovered in October 2023.

Potential Award

Up to $1,000 for out-of-pocket losses and up to $5,000 for extraordinary losses or a $45 cash payment.

Proof of Purchase

Documentation of losses, such as bank statements, credit card statements, receipts, invoices, bills, etc.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/12/2026

Case Name

In re: Dakota Eye Institute Data Security Litigation, Case No. 08-2023-cv-02710, in the District Court, County of Burleigh, South Central Judicial District, State of North Dakota

Final Hearing

01/12/2026

Settlement Website

DakotaEyeSecurityIncident.com

Claims Administrator

DED9 Settlement Administrator
P.O. Box 301132
Los Angeles, CA 90030-1132
888-999-6795

Class Counsel

Nathan D. Prosser
HELLMUTH & JOHNSON PLLC

Philip Krzeski
CHESTNUT CAMBRONNE

Defense Counsel

Kevin M. Ringel
FREEMAN MATHIS & GARY LLP