UCLA Health System Settlement

The lawsuit alleges that on July 17, 2015, The Regents of the University of California (“The Regents”) publicly disclosed a cyber-intrusion incident involving UCLA Health’s computer network (referred to in this document as the “Incident”). UCLA Health is overseen by The Regents. It is disputed whether the cyberattackers accessed or removed information stored on the network.

The Plaintiffs allege violations of California’s Confidentiality of Medical Information Act, Consumer Unfair Competition Law, Customer Records Act, and Information Practices Act, as well as negligence, gross negligence, negligence per se, invasion of privacy, constructive fraud, conversion, bailment, unjust enrichment, breach of express contract, breach of implied contract, and breach of confidentiality. The Regents denies any wrongdoing. The parties have agreed to settle the lawsuit and provide free credit monitoring, identity theft protection, and insurance if you filled out and returned the free, two-year ID Experts Enrollment Form prior to September 16, 2019. Other relief available also required a timely claim submission. All claims filing deadlines have passed as of June 28, 2021. The Court has not ruled on Plaintiff’s claims or The Regents’ defenses.

The Settlement Class includes:

All persons whose personal information was stored on the portions of the UCLA Health Network that were, or could have been, accessed during the cyberattack disclosed around July 17, 2015, including those who received mail notification of the Incident from UCLA Health in 2015.

Excluded from the Settlement Class are:

1. the members of the Board of Regents, the Officers of The Regents, and members of The Regents’ Office of General Counsel with responsibility for the Consolidated Actions;
2. outside counsel retained by The Regents in connection with the Consolidated Actions;
3. any judicial officer to whom the Action is assigned; and
4. any individual who timely and validly opts-out from the Settlement Class.

If you received notice of this settlement by an email or postcard, according to The Regents’ records, you are a Settlement Class Member.

Two Years of Free Identity Protection Services

Under the settlement, The Regents will provide a free two-year ID Experts identity protection services package. The free services include credit monitoring, healthcare identity theft protection toolkit, reimbursement insurance for out-of-pocket expenses from an identity theft issue, advisory services, and restoration services. The retail cost of the ID Experts package for each Class Member who enrolls is over $239.00.

The deadline to enroll in and receive the ID Experts Package was September 16, 2019, and it is no longer possible to enroll.

Reimbursement of any Preventive Measures

If you incurred any costs to protect your personal information because of the Incident, you can receive reimbursement up to a maximum of $5,000.00 by submitting a Claim Form. The total awards for Preventive Measures claims will be no more than $300,000.00, and your award will be reduced pro rata if total valid claims exceed that amount. You must have taken the preventive measures between July 17, 2015, and March 20, 2019. Types of preventive measures costs that may be reimbursed include, without limitation, card cancellation or replacement fees, credit monitoring or reports, the purchase of identity theft protection, costs to place a freeze, alert, or unfreeze credit reports, and costs to replace driver’s license, state identification card, or Social Security number. Documents supporting your claim must be provided if the documents are reasonably available to you.

The deadline to submit a Preventive Measures Claim Form was June 18, 2019, and it is no longer possible to do so.

Reimbursement of any Unreimbursed Losses Associated with Identity Theft

If you incurred unreimbursed costs or losses because of identity theft or unauthorized use of your personal information following the Incident, you can receive reimbursement, up to a maximum of $20,000.00. The total awards for Unreimbursed Losses claims will not exceed $2,000,000.00 ($1,700,000.00 plus the balance of the $300,000.00 Preventive Measures fund), and your award will be reduced pro rata if total valid claims exceed that amount. Any unreimbursed costs or losses you incurred because of identity theft between September 1, 2014, and June 28, 2021, may be fully reimbursed, subject to certain individual and overall caps.

Unreimbursed Losses may include losses to you from identity theft or unauthorized use of your personal information, including, without limitation, charges, late fees, declined payment fees, overdraft fees, returned check fees, and/or customer service fees. You can also receive up to $90.00 for time you spent addressing such issues. Documents supporting your claim must be provided if the documents are reasonably available to you.

The deadline to submit an Unreimbursed Loss Claim Form was June 28, 2021, and it is no longer possible to do so.

Cybersecurity Enhancements for UCLA Health Network

The Regents agreed to spend an additional $5,500,000.00 plus the Claims Balance for the purpose of adding or expediting cybersecurity enhancements for the UCLA Health Network.

Settlement Administration and Attorneys’ Fees

Under the settlement, The Regents also will pay for the notice costs, settlement administration, attorneys’ fees and expenses, and service awards to the named Plaintiffs. Payment of these fees and costs will not reduce your settlement award.

In order to receive a settlement award, you must have submitted a valid and timely Claim Form before the claims filing deadline. All claims filing deadlines have now passed. It is no longer possible to submit a Claim Form.

Enrollment in the free, two-year MyIDCare Identity Protection Service package commenced on November 12, 2019. Those individuals who submitted a timely, valid Enrollment Form, and provided a unique personal email address were auto enrolled by ID Experts. Those eligible individuals who received an enrollment code in the form of a letter, mailed February 7, 2020, had until May 7, 2020, to activate their enrollment. If you have further questions regarding your enrollment you can call ID Experts at 1-833-959-1347, Monday through Friday, 9:00 a.m. to 9:00 p.m. Eastern Time.

Review of all Preventive Measure Claim Forms is complete, and pro rata Preventive Measure reimbursement checks for valid claims have been mailed as of Friday, February 26, 2021.

If you move, please keep the Claims Administrator informed of your new address.

The tax treatment of the settlement awards is the responsibility of each Settlement Class Member. You should consult your tax advisor to determine the tax consequences, if any, of your settlement award.

In return for settlement benefits, you will release (give up) all claims, demands, rights, lawsuits, and causes of action of whatever kind or nature, known or unknown, against The Regents that arise from or relate to the factual allegations and claims asserted in this case.

You will not be able to assert these claims against The Regents in any other lawsuit or proceeding. This includes any lawsuit or proceeding already in progress.

The full terms of the release are contained in the Stipulation of Settlement available here and in the public court records on file in this action.

The Court has appointed Jeff Westerman of the law firm of Westerman Law Corporation to act as Settlement Class Counsel and represent the interests of all Settlement Class Members. Class Counsel and the Executive Committee of other lawyers who assisted in representing the Class are experienced in class action litigation and data breach cases. If you want to be represented by your own attorney, you may hire one at your own expense and enter an appearance through your own counsel.

Settlement Class Counsel will seek attorneys’ fees and reimbursement of out-of-pocket expenses on behalf of themselves and all other Plaintiffs’ Counsel who filed the 17 lawsuits consolidated with this case. The attorneys’ fee request will not exceed $3,275,000.00. The reimbursement for expenses will not exceed $135,000.00. The Court must approve the request for attorneys’ fees and expenses, which if approved will be paid by The Regents. The payment of attorneys’ fees and expenses will not reduce your settlement award.

Plaintiffs also will ask the Court to award service awards for their time and effort spent representing the class members in the consolidated lawsuits. Plaintiff Theresa Alexandria will seek a service award in the amount of $1,500.00 for her efforts, and the other 21 named Plaintiffs will each seek $750.00. The Court must approve the request for service awards. If approved by the Court, the service awards will be paid by The Regents.

To object, you must have sent a letter to the Court and the parties saying that you object to the settlement in Adlouni v. UCLA Health System Auxiliary, et al. Case No. BC 589243. You would have had to include the following:

1. State your intent to object, the basis for your objection and provide supporting authority, if available,
2. State whether you intend to appear at the Final Approval Hearing,
3. State whether you are represented by counsel and if so, identify your counsel, and
4. List all persons, if any, you will call to testify at the Final Approval Hearing in support of your objection.

Your objection must have been signed (even if filed by your attorney) and also provide proof of membership in the Settlement Class by providing a copy of the Class Notice you received, or some other proof that you are a Settlement Class Member.

Your objection must have been sent to the following three places and postmarked no later than May 20, 2019. The deadline to object has now passed and it is no longer possible to do so.

If you submitted a timely opt out, you retained your right to separately sue The Regents at your own cost. You would not be bound by any judgment, rulings, or orders, whether negative or positive, in this case. You would also not receive settlement benefits.

The May 20, 2019, deadline to opt out has now passed and it is no longer possible to do so.

The Court held a Final Approval Hearing at 9:00 a.m. on June 18, 2019, at the Superior Court, County of Los Angeles, 312 N. Spring Street, Los Angeles, CA 90012 in Department 1. At this hearing, the Court considered whether the settlement was fair, reasonable, and adequate. The Court also considered the request for attorneys’ fees and expenses and the service awards. Additionally, the Court considered all timely submitted objections. After the hearing, the Judge filed their Final Approval on June 28, 2019 with the Court, approving the class action settlement. A copy of the notice of entry of final judgment can be reviewed here.

The Stipulation of Settlement contains the complete terms. You can review a copy of the Stipulation of Settlement here. The Stipulation and the complete records of this case are on file and may be reviewed in the Court Clerk’s Office, Superior Court of the State of California, County of Los Angeles at 111 North Hill Street, Los Angeles, CA 90012. Case records are also available on the Court’s website.

PLEASE DO NOT CALL OR WRITE TO THE COURT FOR INFORMATION OR ADVICE.

Please send requests in writing via U.S. Mail. The request should include your full name, old address (if applicable), current address/telephone number, updated information, and your signature. Please also include your tracking number (if you have one).

Please send to:

UCLA Health System
Claims Administrator
P.O. Box 3058
Portland, OR 97208-3058

The deadline to request reissue of an award check passed. It is no longer possible to request a payment reissue.