Smile Brands data breach class action settlement

Update:

• Top Class Actions readers reported this settlement paying out up to $89.22 as of April 2024.
• Congratulations to everyone who filed a claim and got PAID!

• The court granted this settlement final approval Jan. 16, 2024.

• Let Top Class Actions know when you receive a check in the comments section below or on our Settlements & Payouts Facebook group.

Smile Brands agreed to a class action lawsuit settlement to resolve claims that it failed to prevent a 2021 data breach.

The settlement benefits individuals who received a written notice from Smile Brands or a Smile-affiliated dental practice informing them of the 2021 data breach.

In April 2021, hackers allegedly gained access to Smile Brands’ computer systems, allowing them to steal names, addresses, birth dates, insurance data and other sensitive information from around 1.5 million dental patients. A class action lawsuit against Smile Brands claims that the company did not do enough to protect patient data from third parties.

Smile Brands is a network of nearly 700 affiliated dental offices across 30 states.

Smile Brands hasn’t admitted any wrongdoing but agreed to pay an undisclosed sum to resolve the data breach class action lawsuit.

Under the terms of the Smile Brands settlement, class members can receive up to $5,000 for documented, unreimbursed losses related to the data breach. Claimants can also receive up to $125 for five hours of documented lost time compensated at a rate of $25 per hour.

In addition, class members can receive a pro rata share of the net settlement fund, after all other benefits have been paid by the settlement. According to the settlement website, these payments could range from $15 to $150, depending on the number of participating class members.

All class members can receive two years of free credit monitoring and identity theft insurance through Experian. These services include daily credit alerts, online credit reports, fraud resolution support, up to $1 million in identity theft coverage and more.

On top of these monetary benefits, Smile Brands has reportedly enhanced the information storage systems it uses to store patient information. These improvements are valued at over $4.5 million, according to the settlement website.

The deadline for exclusion and objection is Oct. 17, 2023.

The final approval hearing for the Smile Brands class action settlement is scheduled for Jan. 15, 2024.

In order to receive settlement benefits, class members must submit a valid claim form by Nov. 16, 2023.

Who’s Eligible

Individuals who received a written notice from Smile Brands or a Smile-affiliated dental practice informing them of the 2021 data breach

Potential Award

TBD

Proof of Purchase

Reasonable documentation of the time spent remedying issues that are fairly traceable to the breach, such as credit card or bank statements, invoices, telephone records and receipts.

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

11/16/2023

Case Name

Hellyer v. Smile Brands Inc., Case No. 8:21-cv-01886-DOC-ADS, in the U.S. District Court for the Central District of California

Final Hearing

01/15/2024

Settlement Website

SmileBrandsBreachSettlement.com

Claims Administrator

Hellyer v. Smile Brands Inc.
PO Box 25397
Santa Ana, CA 92799
[email protected]
877-723-7132

Class Counsel

John Yanchunis 
MORGAN & MORGAN COMPLEX LITIGATION GROUP

William B Federman 
FEDERMAN & SHERWOOD  

Abbas Kazerounian 
KAZEROUNI LAW GROUP APC

Daniel S Robinson 
ROBINSON CALCAGNIE INC

Patrick Keegan 
KEEGAN & BAKER LLP

Defense Counsel

Doug Smith
MAYER BROWN LLP