Stoll et al. v. Musculoskeletal Institute, Chartered

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IMPORTANT INFORMATION: THE DEADLINE FOR REQUESTING AWARD CHECK REISSUES HAS PASSED.

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A class action settlement has been proposed in litigation against FOI relating to a data security incident that FOI disclosed in or about June 2020 (“Data Security Incident”). Under the terms of the Settlement, FOI has agreed to establish a fund of $4,000,000 that will be used to pay for the following forms of relief:

• Reimbursement for Out-of-Pocket Losses: The Settlement Fund will be used to reimburse Settlement Class Members for out-of-pocket losses fairly traceable to the Data Security Incident, up to $15,000 per individual (“Out-of-Pocket Losses”).
• Reimbursement for Attested Time: The Settlement Fund will be used to reimburse Settlement Class Members for time spent remedying issues related to the Data Security Incident for up to five (5) hours at $25 per hour (“Attested Time”).
• Identity Restoration Services: Regardless of whether you submit a claim under the Settlement, all Settlement Class Members will be eligible to access identity restoration services offered through Aura, including professional fraud resolution assistance to help with identity recovery and restoration in case you experience identity theft or fraud in the future, for a period of three (3) years (“Identity Restoration Services”).
• Minor Monitoring Services: A parent or legal guardian of a Settlement Class Member who is a minor at the time the Settlement is final may enroll the minor in three (3) years of Aura’s Minor Monitoring Services. These services include monthly three-bureau monitoring of information for the minor, internet surveillance, fraud resolution services, and $1,000,000 in identity theft insurance for material damages caused by the misuse of the minor’s credit file (“Minor Monitoring Services”).
• Identity Theft Protection Services: All Settlement Class Members are eligible to enroll in three (3) years of Aura’s Identity Guard Total credit monitoring services at no cost, regardless of whether you submit a claim for Out-of-Pocket Losses or Attested Time. These services retail for nearly $196 per individual and include reports for your credit files at Experian, Equifax, and TransUnion, a $1 million identity theft insurance policy, and additional features discussed below (“Identity Theft Protection Services”).

Your Legal Rights and Options in This Settlement

File a Claim for Out-of-Pocket Losses and/or Attested Time September 16, 2022	You must submit a claim in order to receive reimbursement for Out-of-Pocket Losses and/or Attested Time. Under the Settlement, you may claim Out-of-Pocket Losses, Attested Time, and Identity Theft Protection Services that you already purchased. For more detailed information, see FAQs 6, 8, 11, and 12.
File a Claim for Identity Theft Protection Services September 16, 2022	You must submit a claim in order to receive the Identity Theft Protection Services offered under the Settlement. If you are a parent or legal guardian of a Settlement Class Member who is a minor, you must submit a claim(s) in order for that Settlement Class Member to receive Minor Monitoring Services. For more detailed information, see FAQs 6, 9 and 12.
Access Identity Restoration Services No deadline	You can access Identity Restoration Services after the Settlement becomes final, whether or not you make a claim under the Settlement. For more detailed information, see FAQs 6 and 10.
Exclude Yourself July 26, 2022	You can exclude yourself from the Settlement by informing the Settlement Administrator that you want to “opt out” of the Settlement. If the Settlement becomes final, this is the only option that allows you to retain your rights to separately sue FOI for claims related to the Data Security Incident. If you opt out, you may not make a claim for benefits under the Settlement.
Object to the Settlement July 26, 2022	You may object to the Settlement by writing to the Court and explaining why you don’t think the Settlement should be approved. If you object, you will remain a Settlement Class Member, and if the Settlement is approved, you will be eligible for the benefits of the Settlement and give up your right to sue on certain claims described in the Settlement Agreement.
Do Nothing	If you do nothing, you will not be eligible to receive reimbursement for Out-Of-Pocket Losses or Attested Time, or enroll in Identity Theft Protection Services. You will be eligible to access Identity Restoration Services and Minor Monitoring Services if you have a qualifying minor dependent. If the Settlement becomes final, you will give up your rights to sue FOI separately relating to the Data Security Incident.

These rights and options—and the deadlines to exercise them—are explained further on the Frequently Asked Questions page of this website.