Wright & Filippis Data Breach

The Plaintiffs allege that on or about January 26 to January 28, 2022, an unauthorized user launched a ransomware-type cybersecurity attack on W&F’s network and computer systems (the “Data Breach”), which potentially resulted in unauthorized access to names, dates of birth, patient numbers, social security numbers, driver’s license numbers or state ID financial account numbers, and/or medical health insurance information (the “Private Information”) of Settlement Class Members.

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

A federal court authorized the Notice because you have the right to know about the proposed Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.

The Honorable Sean F. Cox and Magistrate Elizabeth A. Stafford of the United States District Court of the Eastern District of Michigan are overseeing this class action. The case is known as In Re Wright & Filippis, LLC Data Security Breach Litigation, Case No. 2:22-cv-12908-SFC-EAS (E.D. Mich.) (the “Litigation”). The people who filed this lawsuit are called the “Plaintiffs” or “Representative Plaintiffs” and the company sued, Wright & Filippis, LLC, is called “W&F” or the “Defendant.”

Plaintiffs and the Defendant do not agree about the claims made in this Litigation. The Litigation has not gone to trial, and the Court has not decided in favor of the Plaintiffs or the Defendant. Instead, Plaintiffs and the Defendant have agreed to settle the Litigation. Plaintiffs and the attorneys for the Settlement Class (“Class Counsel”) believe the Settlement is best for all Settlement Class Members because of the Settlement benefits and the risks and uncertainty associated with continued litigation and the nature of the defenses raised by the Defendant.

You are a Settlement Class Member if you were mailed a notice letter notifying you that your Private Information was potentially compromised in the Data Breach that occurred on or about January 26 to January 28, 2022.

If you are still not sure whether you are part of the Settlement Class or have any other questions about the Settlement, call the Settlement Administrator’s toll-free number at 1-888-311-8036. You may also mail your questions to the Settlement Administrator at:

Wright & Filippis Data Breach Settlement Administrator
P.O. Box 5838
Portland, OR 97228-5838

If you are a Settlement Class Member, you may be able to recover the following Claimed Benefits as part of the Settlement:

CLAIMED BENEFITS:

All Settlement Class Members must submit a valid and timely Claim Form to receive one of the following Claimed Benefits:

1. Documented Loss Payment

   Settlement Class Members who submit a valid and timely Claim Form are eligible to receive reimbursement of up to $5,000 per Settlement Class Member for their Documented Loss that is reasonably traceable to the Data Breach.

   These Documented Losses include:

   1. Unreimbursed losses relating to fraud or identity theft;
   2. Professional fees including attorneys’ and accountants’ fees, and fees for credit repair services;
   3. Costs associated with freezing or unfreezing credit with any credit reporting agency;
   4. Credit monitoring costs that were incurred on or after November, 18, 2022, that you attest were caused or otherwise incurred as a result of the Data Breach; and
   5. Miscellaneous expenses such as notary fees, 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.

   You must submit documentation of the Documented Losses as part of your Documented Loss Payment Claim. This may include receipts or other documentation and may not be “self-prepared.” “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but may be considered to add clarity or support to other submitted documentation.

   
   OR
   

2. Credit Monitoring and Insurance Services (“CMIS”)

   In the alternative to the Documented Loss Payment or the Cash Fund Payment, Class Members may elect to claim three years of CMIS to be provided by a vendor agreed upon by the parties. The CMIS benefit will provide at a minimum three credit bureau monitoring services and $1 million in identity theft insurance. Said CMIS benefits will be available to class members irrespective of whether they took advantage of any previous offering of credit monitoring from Wright & Filippis. Individuals who elected to utilize a previous offering of CMIS from Wright & Filippis, or who obtained CMIS services from another provider as a result of the Data Breach, will be permitted to postpone activation of their CMIS settlement benefit for up to 12 months.

   
   OR
   

3. Cash Fund Payment

   In the alternative to the Documented Loss Payment or the CMIS benefit, Class Members may submit a claim to receive a pro rata Settlement Payment in cash (“Cash Fund Payment”). The amount of each Cash Fund Payment shall be calculated by dividing the remaining Net Settlement Funds by the number of valid claims submitted for Cash Fund Payments, after the CMIS benefit and the Documented Loss Payments have been made. Class Members who submit a Claim for a Cash Fund Payment will not be entitled to select any of the other Settlement Benefits.

Unless you exclude yourself (opt out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Defendant and Released Persons about the legal issues in this Litigation that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

The Settlement Agreement in Sections 4, 1.36, and 1.37 describes the Release, Released Claims, and Released Parties in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available on the Important Documents page of this website or in the public Court records on file in this lawsuit. For questions regarding the Releases or Released Claims and what the language in the Settlement Agreement means, you can also contact one of the lawyers listed in FAQ 12 and FAQ 17 for free, or you can talk to your own lawyer at your own expense.

To submit a claim for reimbursement for a Documented Loss Payment, CMIS, or Cash Fund Payment, you must timely submit a valid Claim Form. Settlement Class Members seeking benefits under the Settlement must complete and submit a Claim Form to the Settlement Administrator, postmarked or submitted online on or before May 8, 2024. Claim Forms may be submitted online here or printed from this website here and mailed to the Settlement Administrator at the address on the form. The quickest way to submit a claim is online. Claim Forms are also available by calling 1-888-311-8036 or by writing to the Settlement Administrator at the following address:

Wright & Filippis Data Breach Settlement Administrator
P.O. Box 5838
Portland, OR 97228-5838

If you change your mailing address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by calling the toll-free line 1-888-311-8036 or by writing to the following address:

Wright & Filippis Data Breach Settlement Administrator
P.O. Box 5838
Portland, OR 97228-5838

If you file a timely and valid Claim Form, payment will be provided by the Settlement Administrator after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

Yes, the Court has appointed The Miller Law Firm, P.C. as Chair of Class Counsel and Migliaccio & Rathod LLP and Shub & Johns LLC, and Milberg Coleman Bryson Phillips Grossman, PLLC as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own layer at your own cost and expense if you want someone other than Class Counsel to represent you in this litigation.

Class Counsel will file a motion asking the Court to award attorneys’ fees and costs not to exceed (1/3) of the Settlement Fund, or approximately $966,666.66. They will also ask the Court to approve service awards for up to $1,500 to each of the Class Representatives for participating in this Litigation and for their efforts in achieving the Settlement. If awarded by the Court, attorneys’ fees and costs and the service awards will be paid out of the Settlement Fund. The Court may award less than these amounts.

Class Counsel’s application for attorneys’ fees, costs, and service awards is available on this website for you to comment or object to the Settlement before the deadline.

To opt out of the Settlement, you must mail a written notice of intent to opt out. The written notice must be signed, include your name and address, and clearly state that you wish to be excluded from the Settlement Class.

The opt-out request must be postmarked and sent to the Settlement Administrator at the following address by April 8, 2024:

Wright & Filippis Data Breach Settlement Administrator
Exclusions
P.O. Box 5838
Portland, OR 97228-5838

You cannot exclude yourself by telephone or by email.

No. If you opt out, you give up any right to sue the Defendant and Released Parties for the claims this Settlement resolves and Releases relating to the Data Breach. You must opt out of this Litigation to start or continue with your own lawsuit or be part of any other lawsuit against the Defendant or any of the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

No. Unless you opt out, you give up any right to sue the Defendant and Released Parties for the claims this Settlement resolves and Releases relating to the Data Breach. You must opt out of this Litigation to start or continue with your own lawsuit or be part of any other lawsuit against the Defendant or any of the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement or requested attorneys’ fees and costs. You can also give reasons why you think the Court should not approve the Settlement or attorneys’ fees and costs. To object, you must file a timely written notice as provided below no later than April 8, 2024, stating you object to the Settlement. The objection must include all the following additional information:

1. Your full name and address;
2. The case name and docket number, In re Wright & Filippis, LLC Data Security Breach Litigation, Case No. 2:22-cv-12908-SFC-EAS (E.D. Mich.);
3. Information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class (e.g., copy of your settlement notice, copy of the original notice of the Data Breach, or a statement explaining why you believe you are a Settlement Class Member);
4. A written statement of all reasons for the objection, accompanied by any legal support for the objection you believe is applicable;
5. The identity of any and all counsel representing you in connection with the objection;
6. A statement whether you and/or your counsel will appear at the Final Fairness Hearing; and
7. Your signature or the signature of your duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection.

To be timely, written notice of an objection in the appropriate form containing the case name and docket number (In Re Wright & Filippis, LLC Data Security Breach Litigation, Case No. 2:22-cv-12908-SFC-EAS (E.D. Mich.)) must be filed with the Court by April 8, 2024, with copies to Class Counsel and Counsel for Defendant:

Any Settlement Class Member who fails to comply with the requirements for objecting in Section 6 of the Settlement Agreement, waives and forfeits any and all rights they may have to appear separately and/or to object to the Settlement Agreement and will be bound by all the terms of the Settlement Agreement and by all proceedings, orders, and judgments in the Litigation.

The objector or his or her counsel may also file Objections with the Court through the Court’s Electronic Claims Filing system, with service on Proposed Settlement Class Counsel and Defendant’s Counsel made through the Electronic Claims Filing system. For all objections mailed to Proposed Settlement Class Counsel and counsel for Defendant, Settlement Class Counsel will file them with the Court with the Motion for Final Approval of the Settlement.

Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees and costs. You can object only if you stay in the Settlement Class (meaning you do not opt out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opt out, you cannot object to the Settlement.

The Court will hold a Final Fairness Hearing on May 30, 2024, at 3:00 p.m. before District Judge Sean F. Cox , at United States District Court, Eastern District of Michigan, Theodore Levin U.S. Courthouse, 231 W. Lafayette Blvd., Detroit, Michigan 48226.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s application for attorneys’ fees, costs and expenses, and the service awards to the Plaintiff. If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.

Note: The date and time of the Final Fairness Hearing are subject to change. The Court may also decide to hold the hearing via Zoom or by phone. Any change will be posted on this Settlement website.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to speak about it. As long as you file or mail your written objection on time, the Court will consider it.

Yes, as long as you do not exclude yourself (opt out), you can (but do not have to) participate and speak for yourself in this Litigation and Settlement. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the hearing, you must follow all of the procedures for objecting to the Settlement listed in FAQ 17 above—and specifically include a statement whether you and your counsel will appear at the Final Fairness Hearing.

If you are a Settlement Class Member and you do nothing, you will not receive any Settlement benefits. You will give up rights explained in the “Opting Out from the Settlement” section of the Notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant, the Related Entities, or any of the Released Persons about the legal issues in this Litigation that are released by the Settlement Agreement relating to the Data Breach.

This website and the Notice summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here. If you have further questions call the toll-free number at 1-888-311-8036. You may also write to the following address:

Wright & Filippis Data Breach Settlement Administrator
P.O. Box 5838
Portland, OR 97228-5838

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THE NOTICE OR THIS WEBSITE.