Everything you need to know about Horizon data breach settlement

In the Horizon settlement involving a data breach at a consulting firm, a resolution has been reached with a cash settlement of $7.75 million. This legal action stems from a cybersecurity breach in November 2021 at Horizon Actuarial Services LLC, impacting approximately 100,000 individuals enrolled in employer-sponsored benefit plans. Here are your options and rights under this Horizon settlement:

Submit a claim form:

• You won’t obtain a payment unless you submit a claim.
• Deadline: Must be submitted online or postmarked by February 21, 2024, if sent by mail.

Opt-out of the class:

• Opting out means you will not receive any payment from the settlement. However, it’s the only way to retain the right to initiate or participate in other legal actions against the Defendant for the same claims, if you are a member of the Settlement Class.
• Deadline: Opt-out requests must be submitted or postmarked no later than January 22, 2024.

Object to the settlement or attend the fairness hearing:

• You have the right to express your views to the Court regarding the settlement. The Court won’t modify the settlement terms but will consider your perspective. You may also request to speak at the Final Approval Hearing on March 25, 2024.
• Deadline: Objections must be received by January 22, 2024.

Take no action:

• If you choose not to do anything, you won’t receive any payment and will forfeit your rights as a Settlement Class Member.
• There is no deadline for this option.

Horizon settlement 2023

The lawsuit against Horizon Actuarial Services LLC, central to the Horizon settlement, highlights the breach’s impact on 25 multiemployer benefit plans and thousands of participants. The breach, according to the suit, stemmed from Horizon’s failure to establish robust security systems and protocols, a crucial oversight in an era where data breaches are increasingly frequent and destructive. The allegations extend beyond inadequate operational safeguards, claiming Horizon also failed in the following areas:

• Adequate training and supervision of its employees and vendors.
• Adherence to industry-standard data security practices.
• Compliance with relevant state and federal laws and regulations governing data security.

The Court has issued a notice to ensure that affected individuals are fully informed about the settlement, its terms, and their legal rights and options, before deciding on the final approval of the settlement. The lawsuit details a significant delay in notifying the affected parties of the breach, which occurred in November 2021. Class Members were first informed around January 13, 2022, with the Plaintiff receiving notice only in April 2022 – more than five months post-breach. This delay left Class Members unaware of the compromise of their sensitive personal information and the associated risks of identity theft and other forms of harm. The Horizon settlement includes the establishment of a $7,750,000 non-reversionary Settlement Fund. This fund is allocated for:

1. Reimbursement for Out-of-Pocket Losses, Lost Time, and Cash Compensation.
2. Covering Notice and Administrative Expenses.
3. Payment of the Court-awarded Fee Award and Expenses.
4. A cy pres payment benefiting all class members.

The proposed settlement specifies eligible reimbursements as Out-of-Pocket Losses, which include, but are not limited to:

• Losses due to fraud or identity theft.
• Professional fees, including legal, accounting, and credit-repair services.
• Costs for credit freezes or unfreezes with credit-reporting agencies.
• Credit monitoring expenses incurred after Horizon’s notification of the Data Security Incident through the claim submission date.
• Miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance phone charges, provided these are actual out-of-pocket payments to third parties and have not been reimbursed.

Horizon settlement: How to get the compensation?

To obtain compensation from the Horizon settlement, you need to follow these steps:

• Submit a claim: Complete and submit a claim form for the desired benefit. Claim forms are available on the settlement’s official website or can be requested by calling 1-877-395-9210.
• Documentation and validation: The Settlement Administrator will review each claim. They may require additional information to validate the claim. If additional information is requested, it must be provided in a timely manner, or the claim will be considered invalid and won’t be paid.
• Wait for court approval and processing: The Court will hold a Final Approval Hearing on March 25, 2024, to decide on the Settlement’s approval. If approved, there might be appeals, and resolving those can take time. It also takes time for all the Claim Forms to be processed. Patience is advised during this period.

Horizon settlement amount

Settlement Class Members who submit a claim can receive one or more of the following benefits:

• Reimbursement of actual, documented, unreimbursed out-of-pocket losses resulting from the Data Security Incident (up to $5,000).
• Compensation for time spent remedying issues related to the Data Security Incident, up to 5 hours at $25.00/hour (total of up to $125).
• A cash payment of up to $50 for all Settlement Class Members who claim it, with an additional payment of up to $50 for those who were living in California at the time of the Data Security Incident.

Remember, if you do nothing, you will not receive any compensation from the Settlement. If the Settlement is approved and you have not excluded yourself or submitted a claim, you will give up your right to sue the Defendant for claims related to the Horizon settlement.

FAQs

What is the basic information about the Horizon settlement?

The Horizon settlement concerns a class action lawsuit regarding a data breach at Horizon Actuarial Services LLC, with the court yet to give final approval.

Who is Included in the Horizon settlement?

You’re part of the settlement if you reside in the U.S. and your private information was potentially impacted by the Horizon Data Security Incident.

What benefits are available in the Horizon settlement?

Eligible class members can receive compensation for documented out-of-pocket losses, time spent addressing the incident, and an additional cash payment, especially for California residents.

How can I Submit a claim for the Horizon settlement?

Submit a claim form, available online or by phone, by February 21, 2024, to receive benefits from the settlement.

What does the defendant gain from the settlement?

The Defendant receives a release from all claims covered by this settlement if it becomes final.

How can I exclude myself from the Horizon settlement?

To opt-out and retain the right to sue separately, send an exclusion request by January 22, 2024.

How do I object to the Horizon settlement?

Submit a written objection to the Court by January 22, 2024, if you disagree with the settlement terms.

Who represents the Class in the Horizon settlement?

The class is represented by appointed attorneys Terence R. Coates, Gary M. Klinger, and Kenya J. Reddy.

When is the Court’s final approval hearing for the settlement?

The final approval hearing by the Court is scheduled for March 25, 2024.

What happens if I do nothing about the Horizon settlement?

If you take no action, you won’t receive any settlement benefits and will lose the right to sue separately for these claims.

Every detail about the Equifax data breach extension

Data breaches in the U.S.

Biggest data breaches in the U.S.

Featured image credit: Scott Graham/Unsplash