Preferred Home Care data breach class action lawsuit settlement

AssistCare, doing business as Preferred Home Care of New York, agreed to a class action lawsuit settlement to resolve claims it failed to protect patient and employee data in a 2021 health care data breach.

The settlement benefits individuals who were affected by the Preferred Home data breach that occurred between Jan. 8 and 10, 2021.

The settlement includes a subclass of individuals whose Social Security numbers were potentially compromised in the data breach.

The 2021 data breach allegedly compromised the information of 92,283 patients and employees, including sensitive health information and personal identifiers such as Social Security numbers. 

Plaintiffs in the class action lawsuit against Preferred Health claim the company failed to protect their information with reasonable cybersecurity measures. 

AssistCare Home Health is an at-home care company that provides services under Preferred Home Care of New York. 

Preferred Home Care hasn’t admitted any wrongdoing but agreed to pay an undisclosed sum to resolve the class action lawsuit against it.

Under the terms of the Preferred Home Care and AssistCare data breach lawsuit settlement, class members can receive up to $400 in ordinary loss compensation and up to $3,500 for extraordinary loss compensation. 

Ordinary losses covered by the settlement include bank fees, communication charges, travel expenses, credit-related costs and up to four hours of lost time at a rate of $20 per hour. Extraordinary losses covered by the settlement include actual, documented and unreimbursed monetary losses directly resulting from the data breach. 

All class members are eligible for one free year of three-bureau credit monitoring services. The activation code for this benefit will be sent following final approval. 

The deadline for exclusion and objection is April 24, 2023.

The final approval hearing for the Preferred Home Care lawsuit settlement is scheduled for June 27, 2023.

To receive settlement benefits, class members must submit a valid claim form by May 22, 2023.

Who’s Eligible

The settlement benefits individuals who were affected by the Preferred Home data breach that occurred between Jan. 8 and Jan. 10, 2021.

The settlement includes a subclass of individuals whose Social Security numbers were potentially compromised in the data breach.

Potential Award

$3,900

Proof of Purchase

Documentation of data breach-related expenses

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

05/22/2023

Case Name

Simmons, et al. v. AssistCare Home Health Services LLC d/b/a Preferred Home Care of New York/Preferred Gold, Case No. 511490/2021, in the New York Superior Court for Kings County

Final Hearing

06/27/2023

Settlement Website

AssistCareDataSettlement.com

Claims Administrator

Assistcare Settlement Administrator
c/o Postlethwaite & Netterville
PO Box 5125
Baton Rouge, LA 70821
info@AssistcareDataSettlement.com
844-966-4825

Class Counsel

Gary M Klinger
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC

Defense Counsel

John C Cleary
POLSINELLI PC