If your Private Information was impacted in a Data Incident in January of 2023, you may be entitled to Settlement Class Member Benefits from a Settlement.
A $20 million class action settlement has been reached in a lawsuit against Aetna, Brightline, Community Health, Elevance Health, Fortra, Imagine360, Intellihartx, NationsBenefits, and Santa Clara (“Defendants”) for a Data Incident involving Fortra’s file transfer services on or about January 30, 2023. Defendants and Hatch Bank (who is not a Defendant) all used, directly or indirectly, Fortra’s file transfer service. The Data Incident involved a criminal attack that may have resulted in the unauthorized access to or acquisition of approximately five million individuals’ names, addresses, dates of birth, telephone numbers, member identification numbers, employer names, Social Security numbers, start and end dates of health plan coverage, and health insurance information that were being stored within the Defendants’ respective instances of the Fortra GoAnywhere MFT at the time of the Data Incident. The impacted individuals are called “Settlement Class members.”
The Settlement Class includes: All living individuals residing in the United States who were sent notice of the Data Incident indicating their Private Information may have been impacted in the Data Incident. You may have received notice of the Data Incident beginning in or around April 2023.
There are also a number of Settlement subclasses of which you may be a member of one or more. Those subclasses are defined in FAQ 5.
If you are a Settlement Class Member, other than a Brightline Settlement Subclass member, who filed a claim for benefits in the previous Brightline Settlement, you can file a Claim Form for the following Settlement Class Member Benefits:
- Cash Payment A – Documented Losses: You may submit a Claim Form and provide reasonable documentation for losses related to the Data Incident for up to $5,000 per Settlement Class Member.
- OR
- Cash Payment B – Alternative Cash Payment: Instead of Cash Payment A, without providing documentation, you may submit a Claim Form to receive an alternative cash payment in the estimated amount of $85.
- Dark Web Monitoring: In addition to Cash Payment A or Cash Payment B, you may also submit a Claim Form to receive one year of Dark Web Monitoring.
- Cash Payment B – Alternative Cash Payments may be subject to a pro rata (a legal term meaning equal share) adjustment up or down based upon the total value of all Valid Claims received by the Settlement Administrator.
Brightline Settlement Subclass - The Brightline Settlement was a settlement involving some of the claims in this case arising out of the Data Incident. The Brightline Settlement was approved by the Court, and Subclass members were previously given an opportunity to submit a claim for benefits.
- If you are a Brightline Subclass Settlement member who submitted a claim in the Brightline Settlement, and you elected to receive benefits from that settlement, you may only Claim benefits from this Settlement to the extent you were not fully compensated for your damages in the Brightline Settlement. This means that you either selected Cash Payment A in the Brightline Settlement and your documented losses exceeded the compensation received from the Settlement, or you elected to receive Cash Payment B (flat payment) under the Brightline Settlement, but you have incurred Documented Losses after the date your claim was filed in the Brightline Settlement.
- If you submitted a claim in the Brightline Settlement for Cash Payment A, but have incurred additional losses since the date you filed the claim, you are entitled to make a claim for a Cash Payment A – Documented Losses Cash Payment of up to $5,000, upon presentment of Documented Losses related to the Data Incident that are in excess of the amounts received under Cash Payment A from the Brightline Settlement. If you submitted a claim for Cash Payment B in the Brightline Settlement, you may only submit a Claim for Cash Payment A – Documented Losses in this Settlement for Documented Losses incurred after the date your Brightline Settlement claim was filed.
- All Brightline Settlement Subclass Member Cash Payments shall be subject to the same pro rata adjustments as above.
- Brightline Settlement Subclass members who did not make a claim for Credit Monitoring (as defined in the Brightline Settlement) may make a claim for one year of Dark Web Monitoring in this Settlement.
Injunctive Relief: Defendants have implemented or will be implementing additional security measures following the Data Incident.
The Notice may affect your rights. Please read it carefully.
These rights and options—and the deadlines to exercise them—are explained in the Notice.
The Court must decide whether to approve the Settlement and the requested Service Awards and attorneys’ fees and costs. No Settlement Class Member Benefits will be provided unless the Court approves the Settlement.