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Tennessee Orthopaedic Alliance has agreed to a settlement to resolve claims that they failed to protect customers from a 2019 phishing attack. The settlement provides reimbursement for monetary losses as well as credit monitoring and fraud protection services.
The settlement benefits individuals who were notified around Feb. 14, 2020 of a phishing attack at Tennessee Orthopaedic Alliance which occurred between August and October 2019.
According to the class action lawsuit against Tennessee Orthopaedic Alliance (TOA), the attack, announced in February 2020, started when two TOA employees were tricked into engaging with phishing emails.
This attack allegedly affected 81,146 TOA patients and compromised patient names, dates of birth, contact information, health insurance information, treatment information, and treatment cost data. According to the plaintiffs, this attack could have also compromised the Social Security numbers of some TOA patients.
Plaintiffs William Boykin and Sally Robbins filed their class action lawsuit in April 2020, seeking damages for TOA’s alleged negligence, invasion of privacy, breach of contract, and fraud. Although Tennessee Orthopaedic Alliance has not admitted to any wrongdoing in connection to the phishing attack, the provider has agreed to resolve the claims against them in a settlement.
Under the terms of the settlement, Class Members can collect up to $2,000 in reimbursements for out-of-pocket expenses and lost time. Class Members will also be able to claim one year of credit monitoring services and three years of fraud resolution services.
In order to receive benefits under the phishing attack settlement, Class Members must file a valid claim form by Dec. 28, 2020. Class Members who wish to recover compensation for losses must include documentation of losses with their claim form such as bank statements, billing statements, receipts, and other forms of documentation.
The deadline for exclusion and objection is Dec. 28, 2020. The final approval hearing for the phishing attack settlement is scheduled for Jan. 14, 2021.
Who’s Eligible
Individuals who were notified around Feb. 14, 2020 of a phishing attack at Tennessee Orthopaedic Alliance which occurred between August and October of 2019.
Potential Award
Up to $2,000 in monetary reimbursement along with credit monitoring and fraud protection services.
Class Members who can provide documentation of their losses can collect up to $2,000 in cash payments to reimburse them for monetary damages. This includes the following:
- Unreimbursed bank, credit card fees and expenses.
- Long distance telephone charges.
- Cell minutes.
- Internet usage charges.
- Interest on payday loans.
- Interest paid on missed or late payments due to credit freezes.
- Interest on late payments.
- Costs of credit reports or credit monitoring.
- Payments to professionals such as bookkeepers, accountants and lawyers.
- Lost time (up to six hours at a rate of $15 per hour).
Class Members will also have access to one year of credit monitoring (Identity Guard Total powered by IBM Watson) and three years of fraud resolution services (Identity Guard Fraud Resolution Services).
Proof of Purchase
Documentation of losses such as bank statements, billing statements, receipts, and other forms of documentation.
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
12/28/2020
Case Name
William Boykin, et al. v. Tennessee Orthopaedic Alliance P.A., Case No. 20-0615, in the Davidson County Chancery Court, Tennessee
Final Hearing
1/14/2021
Settlement Website
Claims Administrator
Boykins v Tennessee Orthopaedic Alliance Settlement
c/o Heffler Claims Group
PO Box 7390
Philadelphia, PA 19101-7390
1-833-537-1184
Class Counsel
Joel R. Rhine
Martin A. Ramey
RHINE LAW FIRM P.C.
Micah S. Adkins
ADKINS FIRM P.C.
Defense Counsel
Casie D. Collignon
Matthew D. Pearson
BAKER & HOSTETLER LLP
Anthony J. McFarland
BASS BERRY & SIMS PLC
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