Empress Ambulance Service data breach $1.05M class action settlement

Update:

• The claim deadline has been extended to May 8, 2024.

Empress Ambulance Service, doing business as Empress EMS, agreed to a $1.05 million settlement to resolve claims that it failed to prevent a 2022 data breach that compromised patient information.

The Empress Ambulance Service settlement benefits United States residents whose personal information was compromised in the Empress EMS data breach in July 2022 or who received a notice that their information may have been compromised in the breach.

According to the class action lawsuit, Empress Ambulance Service could have prevented a July 2022 data breach by implementing reasonable cybersecurity measures. Because the company failed to properly safeguard information, patient data was stolen by criminals, the plaintiffs contend.

Empress EMS is an ambulance company that serves numerous New York regions, including Westchester, Rockland, Ulster, Dutchess, Putnam, Sullivan, Orange County and the Bronx.

Empress Ambulance Service hasn’t admitted any wrongdoing but agreed to a $1.05 million settlement to resolve the data breach class action lawsuit.

Under the terms of the settlement, class members can receive up to $10,000 in reimbursement for documented data breach-related expenses. This includes professional fees, credit expenses, tax expenses, identity theft damages, fraudulent charges and more. 

If claimants do not wish to claim reimbursement for documented data breach expenses, they can choose to receive an alternative cash fund payment. These payments will vary depending on the number of valid claims filed, but each claimant will receive an equal share of the net settlement fund after fees and reimbursement claims are paid. 

Class members who do not submit reasonable documentation for their loss payment claim or whose loss payment claim the settlement administrator rejects, and who fail to cure their claim, will have their claim automatically considered a claim for a cash fund payment.

If reimbursement claims exceed the settlement funds available, no alternative cash fund payments will be distributed and reimbursement payments will be reduced on a pro rata basis.

All class members, regardless of which payment option they choose, can receive one year of free credit monitoring and identity protection services through TransUnion. These services include three-bureau monitoring and $1 million in identity theft insurance. 

The deadline for exclusion and objection is March 8, 2024.

The final approval hearing for the settlement is scheduled for April 3, 2024.

In order to receive settlement benefits, class members must submit a valid claim form by May 8, 2024.

Who’s Eligible

United States residents whose personal information was compromised in the Empress EMS data breach in July 2022 or who received a notice that their information may have been compromised in the breach.

Potential Award

$10,000

Proof of Purchase

Account statements, correspondence, receipts, bills, invoices, IRS letters, tax documents, credit statements, travel details, 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

05/08/2024

Case Name

Finn v. Empress Ambulance Service Inc. d/b/a Empress EMS, Case No. 7:22-cv-08101, in the U.S. District Court for the Southern District of New York

Final Hearing

04/03/2024

Settlement Website

EmpAmbulanceSettlement.com

Claims Administrator

Finn v. Empress Ambulance
Empress Ambulance Settlement Administrator
PO Box 2059
Portland, OR 97208-2059
info@EMPAmbulanceSettlement.com
888-482-4942

Class Counsel

Tina Wolfson 
Andrew W Ferich
AHDOOT & WOLFSON PC

Ben Barnow
Anthony L Parkhill 
BARNOW AND ASSOCIATES PC

Defense Counsel

Casie D Collignon
BAKER & HOSTETLER LLP