$3.25 Million Settlement Approved in Optometry Board Data Breach Lawsuit

On July 15, 2019, the U.S. District Court for the District of Maryland granted final approval to a $3.25 million settlement on behalf of eye doctors against the National Board of Examiners in Optometry, Inc. (NBEO) relating to an alleged data breach occurring in the summer of 2016.

The settlement provides for a $3.25 million cash fund that will be used to provide reimbursement for out-of-pocket losses relating to the breach up to $7,500, reimbursement for attested time spent dealing with the breach up to $1,000, and three years of three-bureau credit monitoring and identity restoration services valued at $720 per class member. NBEO separately agreed to undertake business practices changes relating to its data security.

In approving the settlement, the court found that the deal provides for “multiple beneficial forms of relief” and “reflects an outstanding result for the Class.” The Court noted that “Recovery for time spent dealing with the data breach, in particular, is highly beneficial to data breach victims, who often have little in the way of out-of-pocket loss, but who are required to spend tremendous amounts of time dealing with the effects of a data breach.” The Court concluded that the “settlement was well received by the Class, as evidenced by the strong class participation rate and lack of objections.” 

The Court appointed Stueve Siegel attorneys Norman Siegel and Austin Moore as Class Counsel pursuant to Federal Rule 23(g), noting that they “have substantial experience in consumer class action litigation, and in particular data breach and privacy litigation, and were able to negotiate a well-informed Settlement that provides meaningful relief to Plaintiffs and the Class.” The Class was also represented by SSH attorney Lindsay Perkins.

A copy of the final approval order is available here.

Stueve Siegel Hanson is an industry-leader in data breach and cybersecurity litigation. Stueve Siegel Hanson attorneys have prosecuted cases involving the largest data breaches in U.S. history, securing millions of dollars for affected consumers. For more information about our data breach practice, click here.

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