In re Asheville Eye Associates Data Incident Litigation

A Court has authorized this website. This is not a solicitation from a lawyer.

If You Are an Individual whose Personally Identifiable Information (“PII”) and Protected Health Information (“PHI”) Was Compromised in the Data Incident, You Are Eligible to Receive a Settlement Benefit from a Class Action Settlement

• A Court authorized this website to provide information to those who are eligible to receive settlement benefits from a proposed class action settlement. The Litigation is titled In re Asheville Eye Associates Data Incident Litig., Case No. 25CV000809-100 and is pending in the North Carolina Business Court. The people that filed the class action lawsuit are called Plaintiffs or Settlement Class Representatives and the company they sued is Asheville Eye Associates, PLLC (Defendant or AEA). AEA denies any wrongdoing whatsoever.
   
• Who is a Settlement Class Member?

All individuals whose PHI/PII was compromised in the Data Incident.

Excluded from the Settlement Class are: (a) Defendant’s officers and directors; (b) any entity in which Defendant has a controlling interest; (c) the affiliates, legal representatives, attorneys, successors, heirs, and assigns of Defendant; (d) attorneys and other legal representatives affiliated with or employed by Class Counsel, and; (e) all persons who validly opt-out of the settlement. Also excluded from the Settlement Class are members of the judiciary to whom this case is assigned, their families and members of their staff.

• Participating Settlement Class Members under the Settlement Agreement will be eligible to receive: 
   
  • Voucher: All Participating Settlement Class Members will automatically receive a $10 voucher that can be used towards purchasing eyeglasses offered at any Asheville Eye location, except 21 Medical Park Drive, Asheville, North Carolina, 28803. You do not need to submit a Claim Form for this benefit; 

AND

• Identity Theft Protection – Defendant agrees to pay for a one-year term of Essential Monitoring with 1-bureau monitoring (a state-of-the-art identity theft protection service provided by Kroll Settlement Administration LLC, a company that is not affiliated with Defendant), for each and every Settlement Class Member who activates such services. This benefit is available to all Settlement Class Members regardless of whether they submit a valid Claim Form.
  • The one-year term will be in addition to any pre-existing credit monitoring services provided by AEA. Enrollment codes for this identity theft protection will be made available to all Participating Settlement Class Members. Settlement Class Members shall be entitled to activate credit monitoring services after the Court grants final approval of the settlement.

AND

• Out-of-Pocket Expense Reimbursement: All Settlement Class Members who submit an Approved Claim for a Documented Loss using the Claim Form are eligible for the following documented out-of-pocket expenses directly caused by the Data Incident, not to exceed $1,250 per Settlement Class Member, with submission of supporting documentation. 

• For more information visit here or call (833) 621-5559.

Please read this Notice carefully. Your legal rights will be affected, and you have a choice to make at this time.

• Your rights and options as a Settlement Class Member – and the deadlines to exercise your rights – are explained in the Notice.
• The Court still will have to decide whether to approve the settlement. Settlement benefits will be made available only if the Court approves the settlement and after any possible appeals are resolved.