A class action settlement has been reached under which your rights may be affected. The proposed Settlement resolves a class action lawsuit pending in the United Stated District Court for the District of Arizona, titled In Re: Banner Health Data Breach Litigation, Case No. 2:16-cv-02696-PHX-SRB. On December 11, 2019, the Court preliminarily approved the Settlement.
If you are a Class Member, then you may be entitled to compensation under the terms of the proposed Settlement. If you are a Class Member and you wish to file a claim, comment on the Settlement, object to the Settlement, or exclude yourself from the Settlement, you must do so following the procedures outlined in the Court-approved Notice, which are also detailed on this website. Your legal rights are affected whether you act or don’t act.
What is this about?
The complaint filed by the Settlement Class Representatives alleged that Banner Health acted unlawfully by failing to prevent the cyberattack that occurred in June and July of 2016 (the "Security Incident"). The Class Representatives claimed that Banner Health failed to fulfill its legal duty to adequately secure and safeguard the information of the Class Representatives and Class Members and that Banner Health breached promises made to the Class Representatives and Class Members concerning the security of their data. Banner Health denies the allegations asserted by the Class Representatives in the Action and contends that Banner Health was and is in compliance with applicable state and federal law. The Court has not made any ruling on the merits of this case. The attorneys for the Class Representatives and Banner Health have agreed to settle the lawsuit, subject to the approval of the Court.
Who is included in the Settlement Class?
The Settlement Class consists of all persons who received notice from Banner Health that their personal information may have been compromised as a result of the Security Incident.
Excluded from the Settlement Class are the officers and directors of Banner Health during the Class Period, the Judge presiding over this action and her Honor's courtroom staff, and the persons who timely and validly request exclusion from the Settlement Class.
What does the Settlement provide?
If the Court grants final approval, Banner Health will provide the following Settlement benefits to Class Members who file valid and timely claims:
- Ordinary Cash Reimbursement - a cash payment for up to 3 hours of undocumented lost time in connection with the Security Incident and/or additional documented expenses or monetary loss (up to $500.00 per Class Member) as outlined in the Settlement Agreement;
- Extraordinary Cash Reimbursement - a cash payment for up to 15 additional hours of documented lost time in connection with the Security Incident and/or additional documented expenses or monetary loss (up to $10,000.00 per Class Member) as outlined in the Settlement Agreement; and
- Two Years of Credit Monitoring which includes $1 million in identity-theft coverage.
To receive a benefit from the Settlement, you must file a claim no later than February 9, 2021.