AspenPointe data breach $1.3M class action settlement

AspenPointe agreed to pay $1.3 million as part of a settlement to resolve claims it failed to protect its customers from a 2020 data breach.

The settlement benefits consumers whose full names and other identifiers or health information was compromised in the AspenPointe data breach between Sept. 12 and 22, 2020.

AspenPointe is a non-profit mental health center serving communities in Colorado. The company changed its name to Diversus Health in 2021 to end confusion about the services it provides.

In November 2020, AspenPointe sent notification letters to its customers informing them their information may have been compromised in a data breach between Sept. 12 and 22, 2020. 

During the breach, cybercriminals allegedly accessed AspenPointe’s network and gained access to patient data such as names, birth dates, driver’s license information, Social Security numbers, bank account data and healthcare information.

“We immediately launched an investigation in consultation with outside cybersecurity professionals who regularly investigate and analyze these types of situations to analyze the extent of any compromise of the information on our network,” AspenPointe said in its notification letters.

Consumers quickly took legal action against the mental health provider, arguing AspenPointe negligently failed to protect its systems from cybercriminals. If the company had implemented reasonable security measures, the class action lawsuit contends, the data breach would have never happened and consumer data would remain secure.

AspenPointe hasn’t admitted any wrongdoing but agreed to pay $1.3 million to resolve these data breach allegations.

Under the terms of the AspenPointe settlement, class members can collect a cash payment for out-of-pocket losses. 

Class members can receive up to $500 for ordinary expenses such as bank fees, credit monitoring expenses, professional fees and four hours of lost time at a rate of $15 per hour. The settlement also allows larger payments of $4,500 for documented, unreimbursed losses that can be traced to the data breach. This includes unreimbursed fraudulent charges and expenses resulting from identity theft.

In addition to providing payments, the settlement provides two years of credit monitoring services through Pango Group. These services include credit monitoring through one credit bureau, monthly credit score reports, real time authentication alerts, monitoring for high risk transactions, dark web monitoring, address change monitoring, lost wallet protection, credit freeze capabilities and $1 million in identity theft and fraud insurance. 

The deadline for exclusion and objection is Oct. 18, 2022. 

The final approval hearing in the AspenPointe settlement is scheduled for Nov. 21, 2022.

In order to receive a payment and other settlement benefits, Class Members must submit a valid claim form by Oct. 18, 2022.

Who’s Eligible

Consumers whose full names and other identifiers or health information was compromised in the AspenPointe data breach between 09/12/2020 – 09/22/2020

Potential Award

Varies

Proof of Purchase

Proof of purchase not applicable

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

10/18/2022

Case Name

Final Hearing

11/21/2022

Settlement Website

AspenPointeSettlement.com

Claims Administrator

AspenPointe Data Breach Settlement Administrator
Attn: Exclusions Request
P.O. Box 58220
Philadelphia, PA 19102
833-335-0777
Info@AspenPointeSettlement.com

Class Counsel

Todd S Garber
FINKELSTEIN BLANKINSHIP FREI-PEARSON & GARBER LLP

Rick D Bailey
LAW OFF OFFICE OF RICK D BAILEY

Gary E Mason
MASON LLP

William H Anderson
HANDLEY FARAH & ANDERSON PLLC

Seth A Meyer
Alex J Dravillas
KELLER LENKER LLC

Defense Counsel

Christopher H Wood
Arthur Biller
LEWIS BRISBOIS BISGAARD & SMITH LLP