Frequently Asked Questions
- Why did I get the Notice?
- What is this lawsuit about?
- Why is this a class action?
- Why is there a settlement?
- How do I know if I am part of the Settlement?
- What does the Settlement provide?
- Will FOI know if I submit a claim for settlement benefits?
- How will the Settlement compensate me for identity theft and fraud I have already suffered or expenses I have already paid to protect myself?
- How will the Settlement help protect me against future identity theft and fraud?
- How will the Settlement help me deal with identity theft or fraud if it happens?
- How do I file a claim for Identity Theft Protection Services, Attested Time, and/or Out-of-Pocket Losses?
- How do I submit a claim on behalf of a Settlement Class Member who is a minor?
- When and how will I receive the benefits I claim from the Settlement?
- What happens if I do nothing, and what am I giving up to stay in the Settlement Class?
- Do I have a lawyer in the case?
- How will these lawyers be paid?
- How do I exclude myself from the Settlement?
- How do I tell the Court that I don’t like the Settlement?
- How do I join the Final Approval Zoom Meeting?
- Where can I get more information?
- I received an email from EpiqPay. Is the email legitimate? What is the email about?
- What is EpiqPay?
- How do I claim my EpiqPay payment?
- When will I receive my digital payment? / Why have I not received my digital payment?
- After choosing my preferred payment options, will I receive my payment instantly?
- How do I request a check reissue?
Why did I get the Notice?
You received the Notice because FOI sent you notice that your personal information was or may have been compromised in the Data Security Incident initially disclosed by FOI in or about June 2020. A Court authorized the Notice because you have a right to know how the proposed Settlement may affect your rights. The Notice explains the nature of the litigation, the general terms of the proposed Settlement, and what it may mean to you. The Notice also explains the ways you may participate in, or exclude yourself from, the Settlement.Back To Top
What is this lawsuit about?
In or about June 2020, FOI disclosed that on or about April 9, 2020, its computer system suffered a ransomware attack that encrypted the data stored on its servers. FOI acknowledged that the personal information of certain of its patients may have been accessed or taken during the incident. This information may have included people’s names, dates of birth, Social Security numbers, medical information, insurance plan identification numbers, payer identification numbers, claims addresses, FOI claims histories, and/or other personal information.
FOI notified impacted individuals in June 2020.
Thereafter, a class action lawsuit was filed in the United States District Court for the Middle District of Florida by individuals who allege that they were affected by the Data Security Incident. The judge overseeing the case is the Honorable Charlene Edwards Honeywell. The case proceeded under the caption Stoll et al. v. Musculoskeletal Institute, Chartered, Case No. 8:20-cv-01798-CEH-AAS. The individuals who sued are called the “Plaintiffs.” FOI is the “Defendant.” Plaintiffs claim that FOI did not adequately protect their personal information. The amended complaint filed in the lawsuit, which describes the specific legal claims alleged by the Plaintiffs, is available here.
FOI denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing.Back To Top
Why is this a class action?
In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. All of these people together are the “class” or “class members.” Because this is a class action, even persons who did not file their own lawsuit can obtain relief from harm that may have been caused by the Data Security Incident, except for those individuals who timely exclude themselves from the Settlement Class.Back To Top
Why is there a settlement?
The Court has not decided in favor of Plaintiffs or FOI. Instead, both sides agreed to a settlement. Settlements avoid the costs and uncertainty of a trial and related appeals, while more quickly providing benefits to members of the Settlement Class. The Settlement Class Representatives appointed to represent the Settlement Class and the attorneys for the Settlement Class (“Class Counsel,” see FAQ 15) believe that the Settlement is in the best interests of the Settlement Class Members.Back To Top
How do I know if I am part of the Settlement?
You are a member of the Settlement Class if you received notice from FOI that your personal information was or may have been compromised in the Data Security Incident initially disclosed by FOI in or about June 2020, or if you received the Settlement Notice stating that you or your dependent(s) are Settlement Class Members.
Excluded from the Settlement are:
- FOI, its subsidiaries, parent companies, management companies, successors, predecessors, and any entity in which FOI or its parents have a controlling interest, and their current or former officers, directors, and employees;
- The presiding judge and any judicial staff or immediate family members; and
- Any Settlement Class Member who excludes himself or herself from the Settlement (see FAQ 17).
If you are not sure whether you are included in the Settlement Class, call 1-855-604-1869.Back To Top
What does the Settlement provide?
Under the Settlement, FOI will pay $4,000,000 into a Settlement Fund that will be used to provide the following benefits:
- Cash reimbursement for Out-of-Pocket Losses fairly traceable to the Data Security Incident (see FAQ 8);
- Cash reimbursement for Attested Time spent remedying issues related to the Data Security Incident (see FAQ 8);
- Identity Restoration Services (see FAQ 10);
- Identity Theft Protection Services (see FAQ 9);
- Minor Monitoring Services for affected minors (see FAQ 9); and
- Attorneys’ fees and expenses as approved by the Court (see FAQ 16), Service Awards if permitted, taxes and tax-related expenses, and the costs of notifying the Settlement Class and administering the Settlement.
Depending on the number of valid claims, the costs of settlement administration, and the amount awarded by the Court for attorneys’ fees and costs and Service Awards, payments for certain benefits may be reduced proportionally or withheld as set forth in paragraph 68 of the Settlement Agreement.Back To Top
Will FOI know if I submit a claim for settlement benefits?
No. As part of the Settlement Agreement, FOI will not have access to the identities of Settlement Class Members who make claims for any of the benefits provided by this Settlement.Back To Top
How will the Settlement compensate me for identity theft and fraud I have already suffered or expenses I have already paid to protect myself?
Settlement Benefit – Payment for Unreimbursed Out-of-Pocket Losses: If you spent money to address fraud or identity theft or to protect yourself from future harm that is fairly traceable to the Data Security Incident, you can submit a claim for reimbursement up to $15,000. Out-of-Pocket Losses eligible for reimbursement through the Settlement may include, but are not limited to, the following costs related to the Data Security Incident and incurred after April 9, 2020:
- Unreimbursed costs associated with fraud or identity theft;
- Professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services;
- Miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges;
- Costs of credit monitoring or other identity theft protection services incurred on or after April 9, 2020; and/or
- Costs associated with freezing or unfreezing credit with any credit reporting agency.
This list provides examples only, and other losses or costs traceable to the Data Security Incident may also be eligible for reimbursement. YOU MUST BE ABLE TO DOCUMENT YOUR CLAIM.
The Settlement Administrator has the sole authority to determine the validity of claims for Out-of-Pocket Losses. Only valid claims will be paid. The deadline to file a claim for Out-of-Pocket Losses is September 16, 2022. (This is the last day to file online as well as the postmark deadline for mailed claims).
Settlement Benefit – Reimbursement for Attested Time: If you spent time dealing with fraud or identity theft or to protect yourself from future harm that is fairly traceable to the Data Security Incident, you may also make a claim for reimbursement for up to 5 hours at $25 per hour.
You may receive reimbursement for up to 5 hours at $25 per hour by providing an attestation and a brief description of (i) the actions taken in response to the Data Security Incident in dealing with misuse of your information or taking preventative measures and (ii) the time associated with each action. Claims for Attested Time are capped at $125 per individual but may be combined with reimbursement for Out-of-Pocket Losses subject to an individual aggregate cap of $15,000. The Settlement Administrator has the authority to determine the validity of claims for Attested Time. Only valid claims will be paid. The deadline to file a claim for Attested Time is September 16, 2022. (This is the last day to file online as well as the postmark deadline for mailed claims).Back To Top
How will the Settlement help protect me against future identity theft and fraud?
Settlement Benefit – Identity Theft Protection Services: The Settlement provides a way to help protect yourself from unauthorized use of your personal information. Settlement Class Members may submit a claim to enroll in three (3) years of Aura’s Identity Guard Total identity theft protection services at no cost. These services retail at nearly $196 annually per individual and include the following features:
- Three-bureau credit monitoring providing notice of changes to your credit report at all three national credit reporting agencies;
- High-risk transaction monitoring;
- Dark web monitoring;
- Threat alerts powered by IBM Watson;
- Lost wallet protection;
- Identity restoration services to help you address credit and non-credit related fraud; and
- Up to $1 Million in insurance coverage for certain costs relating to identity theft and unauthorized electronic fund transfers.
If you submit a valid Claim Form and elect to enroll in Identity Theft Protection Services, you will receive enrollment instructions by mail or email after the Settlement becomes final. You may make a claim for reimbursement for Out-of-Pocket Losses and/or Attested Time and Identity Theft Protection Services under the Settlement. You may only elect to receive Identity Theft Protection Services (See FAQs 9 and 10).
Settlement Benefit – 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 three-bureau monitoring 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. Parents or guardians of Settlement Class Members who are minors still need to submit a Minor Claim Form to enroll the Settlement Class Member in Minor Monitoring Services. The Settlement Administrator will send enrollment instructions by mail or email to a legal guardian for each qualifying minor after the Settlement becomes final.Back To Top
How will the Settlement help me deal with identity theft or fraud if it happens?
Settlement Benefit – Identity Restoration Services: All Settlement Class Members who do not opt out of the Settlement will receive access to Identity Restoration Services through Aura’s Identity Guard Total after the Settlement becomes final. These services include access to Fraud Resolution Specialists to assist you in addressing an identity theft event, including assistance with dealing with companies, government agencies, and credit bureaus.
If you have a suspected breach event, you may call Aura directly at 1-505-595-1281 to access the Identity Theft Resolution Center.Back To Top
How do I file a claim for Identity Theft Protection Services, Attested Time, and/or Out-of-Pocket Losses?
To submit a claim for Out-of-Pocket Losses or Attested Time fairly traceable to the Data Security Incident, or Identity Theft Protection Services, you will need to file a Claim Form. There are two options for filing claims:
- File Online: You may complete and submit the Claim Form online here. This is the quickest way to file a claim.
- File by Mail: Alternatively, you may complete the Claim Form attached to the Notice and mail it to the address on the form with supporting documentation, if any. If you lost or did not otherwise receive a Claim Form, you can download a hard copy of the Claim Form (available here) or ask the Settlement Administrator to mail a Claim Form to you by calling 1-855-604-1869. Complete your Claim Form, and mail it (including postage) to: Stoll v. FOI Settlement Administrator, P.O. Box 5598, Portland, OR 97228-5598.
The deadline to file a claim is September 16, 2022. (This is the last day to file online as well as the postmark deadline for mailed claims).Back To Top
How do I submit a claim on behalf of a Settlement Class Member who is a minor?
If you received notice that your minor dependent(s) is a (are) Settlement Class Member(s), a parent or legal guardian may submit a claim on the minor’s behalf by filling out and submitting the Claim Form included with the Notice or filing online here. Legal guardians may seek reimbursement for Out-of-Pocket Losses and Attested Time on behalf of the minor as set forth in FAQ 8. The deadline to file a claim is September 16, 2022. (This is the last day to file online as well as the postmark deadline for mailed claims).Back To Top
When and how will I receive the benefits I claim from the Settlement?
Identity Theft Protection Services claimed by Settlement Class Members will begin, and payments for valid claims will be made, after the Court enters the Final Approval Order and Judgment and the Settlement becomes final. This process may take several months or longer if there is an appeal; please be patient. Once there is a Final Approval Order and Judgment, it will be posted on the Documents page.
If you make a claim for Identity Theft Protection Services, the Settlement Administrator will send you information on how to activate your Identity Theft Protection Services once the Settlement is final. The Settlement Administrator will provide you with an activation code to use at the Aura website to activate the applicable Identity Theft Protection Services. The activation code(s) will remain valid for at least 60 days.
Checks for valid claims for Out-of-Pocket Losses and Attested Time either will be mailed by the Settlement Administrator to the mailing address that you provide, or will be provided through PayPal or Venmo at your election.Back To Top
What happens if I do nothing, and what am I giving up to stay in the Settlement Class?
If you make a claim under the Settlement, or if you do nothing, you will be releasing all of your legal claims against FOI arising out of the issues this Settlement resolves. Unless you exclude yourself from the Settlement (see FAQ 17), all of the decisions by the Court will bind you. The specific claims you are giving up against FOI are described in Section XII of the Settlement Agreement. The Settlement Agreement is available here. You will be releasing FOI and all related people as described in Section XII of the Settlement Agreement.
The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions regarding the release, you may contact Class Counsel as provided for in FAQ 15.Back To Top
Do I have a lawyer in the case?
Yes. The Court appointed the following attorneys to represent you and other Settlement Class Members as “Class Counsel.”
Class Counsel John A. Yanchunis (FBN 324681)
Ryan J. McGee (FBN 064957)
Patrick A. Barthle II (FBN 099286)
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
William ‘Billy’ Peerce Howard
Amanda J. Allen
THE CONSUMER PROTECTION FIRM
4030 Henderson Boulevard
Tampa, FL 33629
You will not be charged by these lawyers for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense. If you have questions about how to submit a claim or if you need to update your address information, please contact the Settlement Administrator (see FAQ 20).Back To Top
How will these lawyers be paid?
Class Counsel have undertaken this case on a contingency-fee basis and have not been paid any money in relation to their work on this case to date. Accordingly, Class Counsel have asked the Court to award them attorneys’ fees in the amount of $1,333,333 equaling 33.33% of the Settlement Fund, and reimbursement for costs and expenses in the amount of $25,000 to be paid from the Settlement Fund. You will not have to separately pay any portion of these fees yourself. The Court will decide the amount of fees and costs and expenses to be paid. Class Counsel’s request for attorneys’ fees and costs (which must be approved by the Court) will be filed on July 5, 2022, and will be available to view on the Documents page.
Class Counsel may also request Service Awards not to exceed $1,000 per Settlement Class Representative, in recognition of their service to the Class, pending en banc review of Johnson v. NPAS Sols., LLC, 18-12344, 2020 WL 5553312 (11th Cir. Sept. 17, 2020). Under current Eleventh Circuit law, service awards are not permissible, and Class Counsel will only seek payment of such an award if Johnson v. NPAS Sols. is vacated.Back To Top
How do I exclude myself from the Settlement?
If you are a member of the Settlement Class but do not want to remain in the class, you may exclude yourself from the class (also known as “opting out”). If you exclude yourself, you will lose any right to participate in the Settlement, including any right to receive the benefits outlined in the Notice.
If you decide on this option, you may keep any rights you have, if any, against FOI, and you may file your own suit against FOI based upon the same legal claims that are asserted in this lawsuit, but you will need to find your own attorney at your own cost to represent you in that lawsuit. If you are considering this option, you may want to consult an attorney to determine your options.
To exclude yourself from the Settlement, you must mail a request for exclusion, postmarked no later than July 26, 2022, to:
Stoll v. FOI Settlement Administrator
P.O. Box 5598
Portland, OR 97228-5598
This statement must contain the following information:
- The name of this proceeding (Stoll et al. v. Musculoskeletal Institute, Chartered, Case No. 8:20-cv-01798-CEH-AAS, or similar identifying words such as “FOI Data Security Incident Lawsuit”);
- Your full name and address;
- The words “Request for Exclusion” at the top of the document or a statement that you do not wish to participate in the Settlement; and
- Your signature.
If you do not comply with these procedures and the deadline for exclusions, you will lose any opportunity to exclude yourself from the Settlement Class, and your rights will be determined in this lawsuit by the Settlement Agreement if it is approved by the Court, and you may not recover under any other individual settlement agreement regarding the claims released as part of this Settlement.Back To Top
How do I tell the Court that I don’t like the Settlement?
If you are a Settlement Class Member, you can object to the Settlement if you don’t think it is fair, reasonable, or adequate, including Class Counsel’s motion for an award of attorneys’ fees, costs, and expenses. The Court cannot order a larger settlement or award you more based on your individual circumstances; the Court can only approve or deny the Settlement as it is presented.
To object, you must send a letter stating that you object to the Settlement. Your objection must include:
- The name of this proceeding (Stoll et al. v. Musculoskeletal Institute, Chartered, Case No. 8:20-cv-01798-CEH-AAS, or similar identifying words such as “FOI Data Security Incident Lawsuit”);
- Your full name, address, and telephone number;
- State with specificity the grounds for the objection, as well as any documents supporting the objection;
- A statement as to whether the objection applies only to you and your circumstances, to a specific subset of the class, or to the entire class;
- The name and address of any attorneys representing you with respect to the objection;
- A statement regarding whether you or your attorney intend to appear at the Final Approval Hearing; and
- You or your attorney’s signature.
To be considered by the Court, your objection should be sent to the United States District Court for the Middle District of Florida at the following address:
Clerk of Court
United States Courthouse
801 North Florida Avenue
Tampa, FL 33602
Your objection must be mailed, postmarked no later than July 26, 2022. If you are represented by a lawyer, the lawyer may file your objection through the Court’s CM/ECF system and must do so by July 26, 2022. Include your lawyer’s contact information in the objection.
You must submit your objections directly to the Court. If you do not comply with these procedures and the deadline for objections, you may lose any opportunity to have your objection considered at the Final Approval Hearing or otherwise to contest the approval of the Settlement or to appeal from any orders or judgments entered by the Court in connection with the proposed Settlement. You will still be eligible to receive settlement benefits if the Settlement becomes final even if you object to the Settlement.
The Court has scheduled a Final Approval Hearing to listen to and consider whether the Settlement is fair, adequate, and reasonable. If there are objections, the Court will consider them.
The hearing will take place on October 14, 2022, before the Honorable Judge Charlene Edwards Honeywell, at the United States District Court for the Middle District of Florida, 801 North Florida Avenue, Tampa, FL 33602. This hearing date and time may be moved or may be conducted telephonically or by video conference. Please refer to this Settlement Website for notice of any changes.Back To Top
How do I join the Final Approval Zoom Meeting?
The Final Approval Hearing is scheduled for October 14, 2022 at 10:00 AM Eastern Time via Zoom. Information is below.
Instructions for attending the Zoom Meeting:
You are hereby reminded that under Local Rule 5.01 the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited. Additionally, please dress appropriately for the hearing.
In order to assure a timely start to a Zoom hearing, please make sure your device has Version 5.1 or higher installed.
To check what Zoom version is installed on your device:
Join ZoomGov Meeting:
Meeting ID: 160 461 5921
One tap mobile:
+16692545252,,1604615921#,,,,*035389# US (San Jose)
+16468287666,,1604615921#,,,,*035389# US (New York)
Dial by your location:
+1 669 254 5252 US (San Jose)
+1 646 828 7666 US (New York)
Meeting ID: 160 461 5921
Find your local number:
Join by SIP:
Join by H.323:
184.108.40.206 (US West)
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Meeting ID: 160 461 5921
Join by Skype for Business:Back To Top
Where can I get more information?
The Notice summarizes the Settlement. More details are in the Settlement Agreement itself. You can get a copy of the Settlement Agreement and other case documents here. If you have questions about the Notice or the Settlement, you may contact the Settlement Administrator by calling 1-855-604-1869, emailing info@FLOrthoSettlement.com, or mailing to Stoll v. FOI Settlement Administrator, P.O. Box 5598, Portland, OR 97228-5598. If you wish to communicate directly with Class Counsel, you may contact them using the contact information noted in FAQ 15. You may also seek advice and guidance from your own private attorney at your own expense, if you wish to do so.
The status of the Settlement, any appeals, and the date of payments will be posted on this Settlement Website.
The Court cannot respond to any questions regarding the Notice, the lawsuit, or the proposed Settlement. Please do not contact the Court or its Clerk with questions about the Settlement.Back To Top
I received an email from EpiqPay. Is the email legitimate? What is the email about?
If you received an email from NoReply@EpiqPay.com, it is because you were determined to be eligible for a payment in a class action settlement. By default, individuals eligible for payments will receive a prepayment notification email a few days before they receive an email containing a link to claim their payment. This is normal. If you claim a payment, you will also receive one or more follow-up emails from our payment partner, Tremendous, confirming where in the process your payment is. If you do not immediately claim your payment, you may also receive one or more reminder emails.Back To Top
What is EpiqPay?
EpiqPay is the official digital payment platform for Epiq Class Action & Claims Solutions, Inc. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their payments. General information about EpiqPay is available at www.EpiqGlobal.com/en-us/technologies/Epiq-Pay, and case-specific information about the payment notification you may have recently received is available on this website.Back To Top
How do I claim my EpiqPay payment?
Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a ”Claim Payment” link. As long as you click the “Claim Payment” link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then, click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner, Tremendous, via email@example.com, letting you know your payment is in process, and eventually, you will receive a link to your payment card, if you chose that as your option. Contact information for our payment partner is available in these notifications, in case you experience any issues using your card.Back To Top
When will I receive my digital payment? / Why have I not received my digital payment?
Emails regarding digital payments for this matter commenced on January 27, 2023, and digital payments will be available to claim through January 30, 2023. During that window, Epiq digital payment emails were or will be sent from NoReply@EpiqPay.com, so please review your inbox for messages from that email address. Due to variability in individual recipient email account SPAM and junk security settings, users are encouraged to review their junk and SPAM folders in case the digital payment emails went to those locations.
After choosing my preferred payment options, will I receive my payment instantly?
No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.Back To Top
How do I request a check reissue?
The deadline for requesting a check reissue has passed.Back To Top