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Notice of Class Action and Proposed Settlement
You may be entitled to receive benefits under this class action settlement.
This notice summarizes the proposed settlement reached in a lawsuit entitled Marshall v. Conway Regional Medical Center, Inc., 23CV-20-771 (Faulkner Cnty. Cir. Ct. 1st Div.), pending in the Faulkner County Arkansas Circuit Court (“Lawsuit”). For the precise terms and conditions of the settlement, please see the settlement agreement available at www.conwaydatasettlement.com, by contacting the Settlement Administrator at 888-768-7138, or by accessing the Court docket in this case through the Court’s system at https://caseinfo.arcourts.gov/cconnect/PROD/public/ck_public_qry_main.cp_main_idx.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
This notice may affect your rights - please read it carefully.
A state court authorized this notice. This is not a solicitation from a lawyer.
- The lawsuit alleges that on or about June 26, 2019, Conway Regional Medical Center, Inc. (“Conway”) was the victim of a cyberattack resulting in the potential accessibility of personal information and protected health information, including names, addresses, Social Security numbers, health insurance information and limited medical information (the “Data Incident”). Conway maintains that it has meritorious defenses, and it was prepared to vigorously defend the lawsuit. The settlement is not an admission of wrongdoing or an indication that Conway has violated any laws, but rather the resolution of disputed claims.
- If your information was potentially accessible in the Data Incident, you are a Settlement Class Member.
- The Settlement provides that Settlement Class Members are eligible for the IDX Identity Protection Services Settlement Offering by submitting the Election Form by February 20, 2023 and following the additional enrollment instructions to activate the plan as instructed.
- The Settlement also provides that Settlement Class Members who elected to receive and enrolled in the IDX Identity Protection Services Settlement Offering may also seek reimbursement of up to $850 for documented Economic Losses Settlement Class Members suffered as a result of the Data Incident that have not been reimbursed by IDX or another third party. To be eligible for reimbursement, you must submit sufficient evidence of your economic loss and satisfy additional requirements. The deadline to submit a claim is February 20, 2023.
- The Settlement also provides that Settlement Class Members may seek reimbursement for Lost Time related to the Data Incident. To be eligible for reimbursement, you must submit a claim showing the Lost Time is fairly traceable to the Data Incident. The deadline to submit a claim is February 20, 2023.
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
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Submit an ELECTION Form Deadline: February 20, 2023 |
This is the only way for Settlement Class Members to enroll in the IDX Identity Protection Services Settlement Offering paid for by Conway. If you submit an Election Form, you will give up the right to sue Conway in a separate lawsuit about the claims this Settlement resolves. |
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Reimbursement Forms Deadline: February 20, 2023 Submit One or More |
This is the only way for Settlement Class Members to request reimbursement of economic losses or lost time related to the Data Incident. You must elect to receive and enroll in the IDX Identity Protection Services Settlement Offering offered through this settlement to be eligible for reimbursement. If you submit a Reimbursement Form, you will give up the right to sue Conway in a separate lawsuit about the claims this settlement resolves. |
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Do Nothing |
Unless you exclude yourself, you are automatically part of this Settlement. If you are a Settlement Class Member and do not submit an Election Form or a Reimbursement Form, you will not receive anything from the settlement, and you will still give up the right to sue, continue to sue, or be part of another lawsuit against Conway about the legal claims resolved by this Settlement. |
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Exclude Yourself Deadline: December 21, 2022 |
You will not receive benefits from the Settlement, but you will not be bound by the terms of the Settlement, if approved by the Court. |
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Object: Deadline: December 21, 2022 |
If you do not exclude yourself from the Settlement Class, you may object to the Settlement or to Class Counsel’s request for fees, or the Class Representatives’ requests for Service Awards, respectively. |
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Go to a hearing on February 7, 2023 |
You may object to the Settlement and ask the Court for permission to speak at the Fairness Hearing about your objection. |
- These rights and options—and the deadlines to exercise them—are explained in this Notice.
The Court still must decide whether to approve the Settlement. No benefits will be provided, or payments made until after the Court grants final approval of the Settlement and all appeals, if any, are resolved.