Top Class Actions  |  December 20, 2022

Category: Closed Class Actions

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This settlement is closed!

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A doctor showing an expected mother an ultrasound on a tablet, representing the Fertility Centers of Illinois data breach class action settlement.
(Photo Credit: Blue Planet Studio/Shutterstock)

Fertility Centers of Illinois (FCI) agreed to a $450,000 class action lawsuit settlement to end claims it allowed a 2021 data breach through subpar cybersecurity measures.

The settlement benefits consumers who were impacted by Fertility Centers of Illinois’ data breach Feb. 1, 2021. Class members may have been sent a notification about the breach from FCI.

In December 2021, Fertility Centers of Illinois announced it had been the target of a data breach in February 2021. During the breach, third parties allegedly gained access to the Social Security numbers, passport numbers, payment card information, health care data, insurance information and other identifiers of nearly 80,000 patients. The breach reportedly compromised additional employee information. 

Affected consumers filed a class action lawsuit against FCI, arguing that the company should have protected their information through reasonable cybersecurity measures. 

The plaintiffs in the case also challenged how long it took for Fertility Centers of Illinois to disclose the data breach. Despite learning of the breach in February 2021, FCI allegedly waited six months to reveal the breach. According to the class action lawsuit, this delay deprived consumers of the chance to take protective action against fraud and identity theft.

FCI hasn’t admitted any wrongdoing but agreed to a $450,000 class action settlement to resolve these allegations.

Under the terms of the Fertility Centers of Illinois data breach settlement, class members can receive reimbursement for out-of-pocket expenses and lost time incurred as a result of the data breach. 

Class members can seek up to $450 for ordinary expenses such as communication charges, bank fees, credit-related expenses and more. Consumers can also claim up to $80 in lost time, or four hours of lost time, at a rate of $20 per hour. Class members who experienced unreimbursed losses as a result of the data breach, including fraudulent charges and identity theft, can receive up to $5,000 for these extraordinary losses. 

If a large number of claims are received, payments may be reduced from these caps on a pro rata basis.

All class members are eligible for identity theft protection and credit monitoring through the settlement. The settlement offers 24 months of Financial Shield through Pango. This service includes dark-web monitoring, identity monitoring, authentication alerts, up to $1 million in identity theft and fraud insurance and more.

Class members can also benefit from the remedial measures Fertility Centers of Illinois agreed to under the class action lawsuit settlement’s terms. FCI has agreed to enhance its security measures, implement multifactor authentication, deploy advanced malware protection and take other steps to better protect consumer data.

The deadline for exclusion in the Fertility Centers of Illinois data breach lawsuit settlement is Feb. 6, 2023. 

The objection deadline is Feb. 20, 2023. 

The final approval hearing is scheduled for Feb. 27, 2023.

Class members can submit a request for credit monitoring on the settlement website, even if they do not file a claim with the settlement.

In order to receive settlement payments, class members must submit a valid claim form by June 5, 2023. 

Who’s Eligible

Consumers who were impacted by Fertility Centers of Illinois’ data breach Feb. 1, 2021.

Potential Award

Up to $5,530

Proof of Purchase

Supporting documentation may include credit card statements, 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

06/05/2023

Case Name

Monegato, et al. v. Fertility Centers of Illinois PLLC, Case No. 2022-CH-00810, in the Circuit Court of Cook County, Illinois

Final Hearing

02/27/2023

Settlement Website
Claims Administrator

FCI Data Security Incident Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Info@FCISettlement.com
855-558-0084

Class Counsel

J Gerard Stranch
Peter J Jannace
STRANCH & JENNINGS PLLC

Kevin J Conway
COONEY AND CONWAY

Defense Counsel

Joshua M Fliegel
David A Carney
BAKER & HOSTETLER LLP

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.