Frequently Asked Questions

You are a Settlement Class Member if your PII and/or PHI may have been impacted by the Data Incident.

The Settlement Class specifically excludes: (a) Luxottica’s officers and directors; (b) all members of the Settlement Class who timely and validly request exclusion from the Settlement Class; (c) the Judge and Magistrate Judge assigned to evaluate the fairness of this settlement; and (d) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Data Incident or who pleads nolo contendere to any such charge.

The Notice explains the nature of the Litigation and claims being settled, your legal rights, and the benefits to the Settlement Class.

Plaintiffs filed the Litigation against Defendant, individually, and on behalf of anyone whose PII and/or PHI was potentially impacted as a result of the Data Incident.

This Litigation arises from an unauthorized person gaining access to an eye appointment scheduling application used by certain Luxottica eyecare brands and affiliated eyecare practices. Plaintiffs allege that an unauthorized person may have accessed their PII and/or PHI (the “Data Incident”).

After discovering the issue with the scheduling application, Defendant engaged cybersecurity specialists to determine the scope of the incident and to develop a plan to prevent future unauthorized access. Defendant then implemented measures to enhance security and prevent unauthorized access. Defendant determined that the Data Incident may have affected as many as 829,454 individuals’ information. As such, Defendant took steps to inform individuals whose PII and PHI may have been accessed.

Defendant denies any wrongdoing or liability, and no Court or other entity has made any judgment or other determination of any wrongdoing, or that any law has been violated. Defendant denies these and all other claims made in the Litigation. By entering into the settlement, Defendant is not admitting any wrongdoing.

By agreeing to settle, both sides avoid the cost, disruption, and distraction of further Litigation. The Representative Plaintiffs, Defendant, and their attorneys believe the proposed settlement is fair, reasonable, and adequate and, thus, in the best interests for Settlement Class Members. The Court did not decide in favor of the Plaintiffs or Defendant.

In a class action, one or more people called a “Representative Plaintiff” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class” or “Settlement Class Members.”

You are included in the settlement if you were sent a notice of the Data Incident. You may also be included if you were a patient of a Luxottica-owned or –affiliated eye care practice in the United States who scheduled an appointment prior to or on August 5, 2020, and your PII/PHI may have been accessed. This settlement is not open to the general public. If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the settlement, call toll free (833)-425-5439, or write to Settlement Administrator- 83090, c/o Kroll Settlement Administration, PO Box 225391, New York, NY 10150-5391.

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.  Under Category One, the settlement provides benefits under a $250,000 non-reversionary Common Fund. Under Category Two, benefits will be made on a Claims-Made basis. 

You must file a Claim Form to get settlement benefits from the proposed settlement. Claim Forms must be submitted online by January 2, 2025, or postmarked no later than January 2, 2025. You can download a Claim Form from the documents tab, or you can call the Settlement Administrator at (833)-425-5439 for a Claim Form. All Claims will be reviewed by the Settlement Administrator to determine whether the Claim is a Valid Claim.

If you stay in the settlement, then you may submit a claim to receive benefits, but you will not be able to sue Defendant, its Related Entities, or their past or present parents, subsidiaries, divisions, and related or affiliated entities, or each of their respective predecessors, successors, directors, officers, employees, principals, agents, attorneys, insurers, and reinsurers (collectively, the “Released Persons”) regarding the claims in this case.

The Settlement Agreement, which includes all provisions about settled claims, releases, including Released Claims and Released Persons.

The only way to keep the right to sue is to exclude yourself (see Question 10).  Otherwise you will be included in the Settlement Class. If the settlement is approved, you give up the right to sue for the claims in this case.

Settlement Class Counsel will file a motion requesting that the Representative Plaintiffs receive service awards of $2,500 each to compensate them for their services and efforts in bringing the Litigation. The Court will make the final decision as to the amount, if any, to be paid to the Representative Plaintiffs.  If approved, service awards to Representative Plaintiffs will be paid separate from the Common Fund.

If you do not want to be included in the settlement, then you must send a timely written notice of your intent to opt-out of the Settlement Class to the Post Office Box established by the Settlement Administrator, stating your full name, mailing address, email address, and telephone number. Your request must clearly manifest your intent to be excluded from the Settlement Class, to be excluded from the settlement, not to participate in the settlement, and/or to waive all rights to the benefits of the settlement.

Your written request for exclusion must be postmarked no later than November 13, 2024, to:

Settlement Administrator- 83090 
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391

Instructions on how to submit a request for exclusion are available from the Settlement Administrator by calling (833)-425-5439.

If you exclude yourself, then you will not receive any settlement benefits from the settlement, and you cannot object to the settlement or Settlement Class Counsel’s request for attorneys’ fees and service awards at the Final Fairness Hearing.  You will not be legally bound by anything that happens in the Litigation, and you will keep your right to sue Defendant, on your own, for the claims that this settlement resolves.

No. If you do not exclude yourself from the settlement and if the settlement is approved by the Court, then you forever give up the right to sue the Released Persons (listed in Question 8) for the Released Claims, as set forth in the Settlement Agreement.

If you do nothing and the Court approves the settlement, then you will be bound by the settlement.  You will not receive any settlement benefits, and you will not be able to start or proceed with a separate litigation or be part of any other litigation against the Defendant or the Released Persons (listed in Question 8) related to the Released Claims in this case.

Yes. The Court has preliminarily appointed Dorothy P. Antullis of Robbins Geller Rudman & Dowd LLP (800-449-4900), Bryan Bleichner of Chestnut Cambronne (612-339-7300), and Hassan Zavareei of Tycko & Zavareei (240-820-2129) (“Settlement Class Counsel”) to represent the interests of all Settlement Class Members in this case.  You will not be charged for these lawyers. If you want to be represented by your own lawyer, then you may hire one at your own expense.

Settlement Class Counsel will apply to the Court for an award of attorneys’ fees and litigation expenses in an amount not to exceed $850,000.  A copy of Settlement Class Counsel’s motion for attorneys’ fees and expenses and for service awards for Representative Plaintiffs will be posted on the Settlement Website before the deadline to object to the settlement.

The Court will make the final decisions as to the amounts to be paid to Settlement Class Counsel and may award less than the amount requested by Settlement Class Counsel.  Any award for attorneys’ fees and expenses for Settlement Class Counsel shall be paid separately from the Common Fund. 

If you want to tell the Court that you do not agree with the proposed settlement or some part of it, including Settlement Class Counsel’s request for attorneys’ fees, expenses, and service awards, then you must file an objection with the Court explaining why you do not think the settlement should be approved.

Objections must be submitted in writing and include all the following information:

1. the objector’s full name and address; 
2. the Action’s case name and number; 
3. information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of the objector’s settlement notice, copy of original notice of the Data Incident, or a statement explaining why the objector believes he or she is a Settlement Class Member); 
4. a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; 
5. the identity of any and all counsel (if any) representing the objector in connection with the objection; 
6. a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; 
7. a list of all class action settlement in which the objector and/or his counsel has submitted objections; and 
8. the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative (if any) representing him or her in connection with the objection.

To be timely, written notice of an objection in the appropriate form must be mailed, and received by no later than November 4, 2024, to Settlement Class Counsel and Luxottica’s Counsel at the addresses below:

You may also file your objection with the Court through the Court’s ECF system, with service on Settlement Class Counsel and Luxottica’s Counsel to be made through the ECF system.

If you do not submit your objection with all requirements, or if your objection is not received by November 4, 2024, then you will be considered to have waived all objections and will not be entitled to speak at the Final Fairness Hearing.

Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, then you have no basis to object because the settlement no longer affects you.

The Court will hold the Final Fairness Hearing on January 21, 2025, at 2:00 p.m. (ET) in Courtroom 239, at the Potter Stewart U.S. Courthouse, 100 East Fifth Street, Room 239, Cincinnati, Ohio 45202, or by remote or virtual means as ordered by the Court. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check www.LuxotticaDataSettlement.com for updated information.

At the hearing, the Court will consider whether the proposed settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class Members, and if it should be finally approved. If there are valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider Settlement Class Counsel’s request for an award of attorneys’ fees and expenses and Settlement Class Counsel’s request for service awards to the Representative Plaintiffs.

After the Final Fairness Hearing, the Court will decide whether to approve the settlement and whether to award fees, expenses, and service awards. We do not know how long these decisions will take.

No. You are not required to come to the Final Fairness Hearing. However, you are welcome to attend the hearing at your own expense.

If you submit an objection, then you do not have to come to the hearing to talk about it. If your objection was submitted properly and on time, then the Court will consider it. You also may pay your own lawyer to attend the Final Fairness Hearing, but that is not necessary. However, you must follow the requirements for making objections (Question 15), including the requirements for making appearances at the hearing if you do wish to appear.

You can speak at the Final Fairness Hearing if you ask the Court for permission. To request permission to speak, you must file an objection according to the instructions in Question 15, including all the information required for you to make an appearance at the hearing. You cannot speak at the hearing if you exclude yourself from the settlement.

This is only a summary of the proposed settlement. If you want additional information about this Litigation, including a copy of the Settlement Agreement, the Long Form Notice, Claim Forms, Preliminary Approval Order, and more, please visit Important Documents  on website or call (833)-425-5439. You may also contact the Settlement Administrator at Settlement Administrator – 83090,c/o Kroll Settlement, Administration, PO Box 225391, New York, NY 10150-5391, or you may contact Settlement Class Counsel.

Category One Benefits:  Settlement Class Members eligible for Category One benefits may submit a Claim on or before January 2, 2025. Category One benefits include(a) out-of-pocket loss reimbursement; (b) lost-time claims; (c) three-credit-bureau monitoring for two years; (d) a cash payment; and (e) a $50 cash payment for California residents.

Out-of-Pocket Loss Reimbursement: Settlement Class Members eligible for Category One benefits may submit a Claim for reimbursement of documented out-of-pocket losses reasonably and fairly traceable to the Data Incident. Out-of-pocket loss claims will include Monetary Losses related to the Data Incident combined with a written attestation by the Settlement Class Member that such Monetary Losses were caused by the Data Incident. Out-of-pocket loss claims can include, without limitation: (i) unreimbursed losses relating to fraud or identity theft; (ii) professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; (iii) costs associated with freezing or unfreezing credit with any credit reporting agency; (iv) credit monitoring costs that the claimant attests under penalty of perjury were caused or otherwise incurred as a result of the Data Incident, through the date of Claim submission; (v) and miscellaneous expenses such as notary, data charges (if charged based on the amount of data used) fax, postage, copying, mileage, cell phone charges (only if charged by the minute), and long-distance telephone charges.

Settlement Class Members eligible for Category One benefits making Out-of-Pocket Loss Claims must submit documentation and attestation supporting their claims. This may include receipts or other documentation, not “self-prepared” by the Claimant, that documents the costs incurred.  “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but they may be considered to add clarity or support to other submitted documentation.

Out-of-pocket loss claims must also include an attestation that the monetary losses were caused or otherwise incurred as a result of the Data Incident and were not incurred due to some other event or reason.

Lost-Time Claims: Settlement Class Members eligible for Category One benefits may submit a Claim for up to four (4) hours of time spent remedying issues related to the Data Incident at twenty dollars ($20) per hour if the Settlement Class Member: (1) attests that any claimed lost time was spent related to and arising out of the Data Incident; and (2) selects the applicable activity the time was spent on or provides a brief general description of how the claimed lost time was spent. No documentation need be submitted in connection with Lost-Time Claims.

Credit Monitoring:  Settlement Class Members eligible for Category One benefits may submit a Claim for two years of three-bureau credit monitoring at no cost to you. 

Cash Payment:  Settlement Class Members eligible for Category One benefits may submit a Claim for a cash payment, which will be allocated equally based on total Valid Claims received. 

California Cash Payment: Settlement Class Members eligible for Category One benefits who attest in writing that, at the time of the Data Incident (August 5-9, 2020), they were a California resident and who further provide a valid California residential address, may be eligible for an additional $50 cash payment.

Category One claim amounts shall be allocated on a pro rata basis from the Common Fund and may be adjusted upward or downward based on the number of Valid Claims received for Category One benefits.  In no event shall a Settlement Class Member eligible for Category One benefits be entitled to apply for additional benefits under Category Two.

Category Two Settlement Class Benefits: Settlement Class Members eligible for Category Two benefits may submit a Claim on or before January 2, 2025. Category Two benefits include (a) out-of-pocket loss reimbursement; (b) lost-time claims; and (c) a $50 cash payment for California residents, as these benefits are explained above.

Category Two benefits shall not exceed the sum total of three hundred dollars ($300.00) per Settlement Class Member.  In no event shall a Settlement Class Member eligible for Category Two benefits be entitled to apply for additional benefits under Category One.