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Mertlich et al v. Anthem, Inc. class action

$115 million settlement (August 25, 2017).  Ms. Fleming represented Ms. Mertlich and similarly situated class members in this country’s largest data breach litigation.  Ms. Mertlich’s and similarly situated class members’ Personal Information was compromised as the result of Anthem’s negligence. Anthem’s latest data breach was announced in early 2015, although it had earlier data breaches and audits revealing security issues. The Court has granted approval of the proposed settlement of $115 million in August 2017 in the Northern District of California. As updates are available, additional details will be posted on this page.

  • What are the terms of the proposed settlement agreement? A $115 million settlement fund will be established to pay claims for: (1) a minimum of two years of triple bureau credit monitoring and identity theft protection; (2) cash instead of credit monitoring for those who can show they already have a credit monitoring service that will cover them for the next year; (3) reimbursement of out-of-pocket costs traceable to the data breach.  In addition, the settlement fund will pay for fraud resolution services for any class members who accesses it during the pendency of the settlement, costs of notice and administration of the settlement, attorneys’ fees, and service awards to the named plaintiffs.Under the terms of the settlement, Anthem will also enhance its information security practices to help protect the personal information stored on its databases from another cyberattack. This will include archiving databases with strict access controls and monitoring requirements, strengthening various data security controls, encrypting certain information, and guaranteeing a specified level of funding for Anthem’s information security.
  • Am I included in the proposed settlement? You are a member of the proposed settlement class if:
    • You received a notice from Anthem concerning the Data Breach that was announced in February 2015; or
    • Your personal information was taken during the Data Breach, and is included in Anthem’s Member Impact Database.

    However, some people (and companies) are excluded from the settlement class, including:

    • The companies sued in this litigation and any entity in which they have a controlling interest.
    • The officers, directors, and lawyers of those companies.
    • Any judge presiding over this lawsuit and the members of their immediate families and judicial staff; and
    • Any individual who timely and validly opts-out from the settlement.

    Individuals will be able to verify whether they are settlement class members once the settlement administrator has sent out notice on or around October 30, 2017.  If you have not received a notice informing you that you are a settlement class member by mid-November, please check this website, which will direct you to the settlement administrator’s contact information to verify class member status.

  • What do I need to do now? Notice of the proposed settlement will be formally publicized and individual notices will be sent to settlement class members by October 30, 2017. If you think you are a member of the proposed settlement class you should hold on to any documents relating to losses or expenses that you incurred that you believe are related to the Anthem data breach. The settlement may require documentation of certain claims for reimbursement.Check back regularly for updates about the status of the proposed settlement. You are not guaranteed to get an individual notice. If Anthem does not have your current address, for example, you might not get notice.   If you have not received an individual notice by mid-November, check this website for further instructions on how to contact the settlement administrator to find out whether you are a settlement class member.
For information on the Equifax Class Action Lawsuit, please click here.
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