The lawsuit alleges that on July 17, 2015, The Regents of the University of California (“The Regents”) publicly disclosed a cyber-intrusion incident involving UCLA Health’s computer network (referred to in this document as the “Incident”). UCLA Health is overseen by The Regents. It is disputed whether the cyberattackers accessed or removed information stored on the network.
The Plaintiffs allege violations of California’s Confidentiality of Medical Information Act, Consumer Unfair Competition Law, Customer Records Act, and Information Practices Act, as well as negligence, gross negligence, negligence per se, invasion of privacy, constructive fraud, conversion, bailment, unjust enrichment, breach of express contract, breach of implied contract, and breach of confidentiality. The Regents denies any wrongdoing. The parties have agreed to settle the lawsuit and provide free credit monitoring, identity theft protection, and insurance if you fill out and return the free, two-year ID Experts Enrollment Form or enroll online here. Other available relief may also be available to you. The Court has not ruled on Plaintiff’s claims or The Regents’ defenses. You will receive benefits only if the Court approves the settlement.Back To Top
The Settlement Class includes:
All persons whose personal information was stored on the portions of the UCLA Health Network that were, or could have been, accessed during the cyberattack disclosed around July 17, 2015, including those who received mail notification of the Incident from UCLA Health in 2015.
Excluded from the Settlement Class are:
If you received notice of this settlement by an email or postcard, according to The Regents’ records, you are a Settlement Class Member.Back To Top
Two Years of Free Identity Protection Services
Under the settlement, The Regents will provide a free two-year ID Experts identity protection services package. The free services include credit monitoring, healthcare identity theft protection toolkit, reimbursement insurance for out-of-pocket expenses from an identity theft issue, advisory services, and restoration services. The retail cost of the ID Experts package for each Class Member who enrolls is over $239.00.
To enroll in and receive the ID Experts Package, you must return a completed tear-off notice postcard, or fill out the form that is available for download and printing here, or submit online here. You must enroll no later than September 16, 2019. If you previously enrolled in the identity protection services package offered by The Regents, you can receive an additional two years of coverage through this settlement. To review a detailed explanation of the services provided in your eligible free, two-year MyIDCare Identity Protection Service package, please click here.
Reimbursement of any Preventive Measures
If you incurred any costs to protect your personal information because of the Incident, you can receive reimbursement up to a maximum of $5,000.00 by submitting a Claim Form. The total awards for Preventive Measures claims will be no more than $300,000.00, and your award will be reduced pro rata if total valid claims exceed that amount. You must have taken the preventive measures between July 17, 2015, and March 20, 2019. Types of preventive measures costs that may be reimbursed include, without limitation, card cancellation or replacement fees, credit monitoring or reports, the purchase of identity theft protection, costs to place a freeze, alert, or unfreeze credit reports, and costs to replace driver’s license, state identification card, or Social Security number. Documents supporting your claim must be provided if the documents are reasonably available to you.
Reimbursement of any Unreimbursed Losses Associated with Identity Theft
If you incurred unreimbursed costs or losses because of identity theft or unauthorized use of your personal information following the Incident, you can receive reimbursement, up to a maximum of $20,000.00. The total awards for Unreimbursed Losses claims will not exceed $2,000,000.00 ($1,700,000.00 plus the balance of the $300,000.00 Preventive Measures fund), and your award will be reduced pro rata if total valid claims exceed that amount. Any unreimbursed costs or losses you incurred because of identity theft between September 1, 2014, and June 18, 2021, may be fully reimbursed, subject to certain individual and overall caps.
Unreimbursed Losses may include losses to you from identity theft or unauthorized use of your personal information, including, without limitation, charges, late fees, declined payment fees, overdraft fees, returned check fees, and/or customer service fees. You can also receive up to $90.00 for time you spent addressing such issues. Documents supporting your claim must be provided if the documents are reasonably available to you.
You must submit a Claim Form to receive reimbursement. The Unreimbursed Loss Claim Form can be submitted electronically here or downloaded here and returned by mail. The Unreimbursed Loss Claim Form must be submitted no later than June 18, 2021. A total amount of $2 million has been set aside to pay claims. The amount, if any, remaining after all claims are paid is called the “Claims Balance.”
Cybersecurity Enhancements for UCLA Health Network
The Regents agreed to spend an additional $5,500,000.00 plus the Claims Balance for the purpose of adding or expediting cybersecurity enhancements for the UCLA Health Network.
Settlement Administration and Attorneys’ Fees
Under the settlement, The Regents also will pay for the notice costs, settlement administration, attorneys’ fees and expenses, and service awards to the named Plaintiffs. Payment of these fees and costs will not reduce your settlement award.Back To Top
To receive the free two-year ID Experts identity protection services, you must return a completed tear-off postcard, or complete the Enrollment Form electronically here or download the Enrollment Form here and return by mail. A free, two-year ID Experts Enrollment Form can also be mailed to you upon request by calling the Claims Administrator at 1-888-262-4479. Enrollment Forms must be returned no later than September 16, 2019. To review a detailed explanation of the services provided in your eligible free, two-year MyIDCare Identity Protection Service package, please click here.
To receive reimbursement of any Preventive Measure Claims and Unreimbursed Losses Claims, you must submit a Claim Form. The forms are available for download here or electronically here. Claim Forms can also be mailed to you upon request by calling the Claims Administrator at 1-888-262-4479.
Preventive Measure Claim Forms must be postmarked or electronically submitted no later than June 18, 2019. Unreimbursed Losses Claim Forms must be postmarked or electronically submitted no later than June 18, 2021.Back To Top
You can sign up immediately. If you sign up, the free two-year ID Experts identity protection services package will start after the Court grants Final Approval of the settlement and the settlement is no longer subject to appeal. Preventive Measure Claims will be paid after Final Approval. Unreimbursed Losses Claims will be paid after Final Approval, as they are submitted, reviewed, and approved.
The ID Experts Package and checks will be mailed to the address on your Enrollment Form or Claim Form. If you move, please keep the Claims Administrator informed of your new address.
The tax treatment of the settlement awards is the responsibility of each Settlement Class Member. You should consult your tax advisor to determine the tax consequences, if any, of your settlement award.Back To Top
If the Court approves the proposed settlement, and unless you opt out in the manner described in FAQ 10, you will release (give up) all claims, demands, rights, lawsuits, and causes of action of whatever kind or nature, known or unknown, against The Regents that arise from or relate to the factual allegations and claims asserted in this case.
You will not be able to assert these claims against The Regents in any other lawsuit or proceeding. This includes any lawsuit or proceeding already in progress.
The full terms of the release are contained in the Stipulation of Settlement available here and in the public court records on file in this action.Back To Top
The Court has appointed Jeff Westerman of the law firm of Westerman Law Corporation to act as Settlement Class Counsel and represent the interests of all Settlement Class Members. Class Counsel and the Executive Committee of other lawyers who assisted in representing the Class are experienced in class action litigation and data breach cases. If you want to be represented by your own attorney, you may hire one at your own expense and enter an appearance through your own counsel.Back To Top
Settlement Class Counsel will seek attorneys’ fees and reimbursement of out-of-pocket expenses on behalf of themselves and all other Plaintiffs’ Counsel who filed the 17 lawsuits consolidated with this case. The attorneys’ fee request will not exceed $3,275,000.00. The reimbursement for expenses will not exceed $135,000.00. The Court must approve the request for attorneys’ fees and expenses, which if approved will be paid by The Regents. The payment of attorneys’ fees and expenses will not reduce your settlement award.
Plaintiffs also will ask the Court to award service awards for their time and effort spent representing the class members in the consolidated lawsuits. Plaintiff Theresa Alexandria will seek a service award in the amount of $1,500.00 for her efforts, and the other 21 named Plaintiffs will each seek $750.00. The Court must approve the request for service awards. If approved by the Court, the service awards will be paid by The Regents.Back To Top
You can object to the settlement if you do not like any part of it and the Court will consider your views. To object, you must remain in the Class.
To object, you must send a letter to the Court and the parties saying that you object to the settlement in Adlouni v. UCLA Health System Auxiliary, et al. Case No. BC 589243. You must:
You must personally sign your objection (even if filed by your attorney) and also provide proof of membership in the Settlement Class by providing a copy of the Class Notice you received, or some other proof that you are a Settlement Class Member.
If you are objecting and might want to later file an appeal with the Court of Appeal, you should consider seeking advice from an attorney regarding the procedural steps to ensure you have the right to appeal.
Your objection must be sent to three different places and postmarked or delivered no later than May 20, 2019.
Send your objection to:
Clerk of Court
Superior Court of the State of California
County of Los Angeles
111 North Hill Street
Los Angeles, CA 90012
Jeff S. Westerman
Westerman Law Corp.
1875 Century Park East
Los Angeles, CA 90067
Jennifer S. Romano
Nathanial J. Wood
Crowell & Moring LLP
515 South Flower Street
Los Angeles, CA 90071
You have the opportunity to choose to stay in the Class and receive settlement benefits, or opt out of the Class and retain your right to separately sue The Regents.
If you stay in the Class and the settlement is approved, you have the opportunity to receive settlement benefits as described in FAQ 3. However, you cannot separately sue The Regents. The judgment, rulings, and orders in this case, whether favorable or unfavorable, will be binding upon you.
If you opt out, you will retain a right to separately sue The Regents at your own cost. You will not be bound by any judgment, rulings, or orders, whether negative or positive, in this case. You will not receive settlement benefits. Before opting out of the class action, consult with a lawyer to determine whether your claim is barred by the statute of limitations.
To opt out, you must send a written request to the Clerk of the Court, care of the Claims Administrator, P.O. Box 3058, Portland, OR 97208-3058, postmarked or delivered no later than May 20, 2019. The letter must include a statement indicating your intent to opt out such as: “I want to opt out of the Class in Adlouni v. UCLA Health System.” The letter must be signed and provide your address.Back To Top
The Court will hold a Final Approval Hearing at 9:00 a.m. on June 18, 2019, at the Superior Court, County of Los Angeles, 312 N. Spring Street, Los Angeles, CA 90012 in Department 1. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. The Court will also consider the request for attorneys’ fees and expenses and the service awards. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the settlement.Back To Top
No. Class Counsel will answer questions the Judge may have. But, you are welcome to come at your own expense. If you submit an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time, the Judge will consider it. You may also pay your own lawyer to attend, but it is not necessary.Back To Top
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must mention this in your objection, or file with the Court a “Notice of Intention to Appear.” Be sure to include your name, address, telephone number, your signature, and whether you will appear through your own attorney. Your Notice of Intention to Appear must be filed with the Court no later than May 29, 2019, and must also be served on Settlement Class Counsel and The Regents’ Counsel (Crowell & Moring LLP). The addresses for the Court, Settlement Class Counsel, and The Regents’ counsel are listed in FAQ 9. You cannot speak at the hearing if you are not a Class Member or an attorney representing a Class Member.Back To Top
The Stipulation of Settlement contains the complete terms. You can review a copy of the Stipulation of Settlement here. The Stipulation and the complete records of this case are on file and may be reviewed in the Court Clerk’s Office, Superior Court of the State of California, County of Los Angeles at 111 North Hill Street, Los Angeles, CA 90012. Case records are also available on the Court’s website.
PLEASE DO NOT CALL OR WRITE TO THE COURT FOR INFORMATION OR ADVICE.Back To Top