IF YOU WERE A PATIENT OF A LUXOTTICA-OWNED OR AFFILIATED EYE CARE PRACTICE LOCATED IN THE UNITED STATES, You May Be Eligible For Benefits From A Class Action Settlement.
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This case is known as In re Luxottica of America Inc. Data Security Breach Litigation, Case No. 1:20-cv-00908-MRB, filed in the United States District Court District of Ohio (the “Litigation”). The judge is the Honorable Michael R. Barrett. The Persons who sued are called the “Plaintiffs” and the company they sued, Luxottica of America Inc., is known as the “Defendant” in this case. Luxottica is referred to as “Defendant” or “Luxottica” in this Notice.
A proposed settlement has been reached in the Litigation.
This Litigation arises from an unauthorized person gaining access on August 5-9, 2020, to an eye appointment scheduling application used by certain Luxottica eyecare brands. Optometrists affiliated with Luxottica, provide eye care through LensCrafters, Pearle Vision, and Target Optical. Plaintiffs claim that an unauthorized person may have accessed their personal identifiable information (“PII”) and personal health information (“PHI”) (the “Data Incident”). Luxottica disagrees with Plaintiffs’ claims and denies any wrongdoing.
The Settlement Class consists of patients or customers of Luxottica-owned or –affiliated eyecare practices whose PII and/or PHI may have been impacted in the Data Incident. Settlement benefits will be allocated based on the types of PII and/or PHI that Luxottica determined were potentially impacted: (1) Settlement Class Members whose Social Security numbers and/or financial data were potentially impacted in the Data Incident may be eligible to apply for Category One benefits; and (2) Settlement Class Members whose Social Security numbers and/or financial data were not impacted in the Data Incident may be eligible to apply for Category Two benefits. A Settlement Class Member may make a claim under Category One or Category Two but not both.
The Court in charge of this case must still decide whether to approve the settlement, including Settlement Class Counsel’s request for attorneys’ fees and service awards for the Representative Plaintiffs. No benefits will be provided until the Court approves the settlement and it becomes Final.
Your Legal Rights and Options in this Settlement | |
Submit a Claim Form | You must submit a Valid Claim to receive settlement benefits. Claim Forms must be submitted online by January 2, 2025, or, if mailed, postmarked no later than January 2, 2025. |
Do Nothing | If you do nothing, you remain in the settlement. You give up your rights to sue and you will not get any money. |
Exclude Yourself (“Opt-Out”) | Get out of the settlement. Get no money. Keep your rights. This is the only option that allows you to keep your right to sue about the claims in this Litigation. You will not receive any settlement benefits from the settlement. Your request to exclude yourself must be postmarked no later than November 13, 2024. |
File an Objection | Stay in the settlement, but tell the Court why you think the settlement or Settlement Class Counsel’s request for attorneys’ fees and service awards to Representative Plaintiffs should not be approved. Objections must be in writing and received by November 4, 2024. You will still be bound by the settlement if the Court approves it. |
Go to a Hearing | You can ask to speak in Court about the fairness of the settlement, at your own expense. See Questions 18 and 19 for more details. The Final Fairness Hearing is scheduled for January 21, 2025, at 2:00 p.m. (ET). |