Case Information
Hellyer v. Smile Brands Inc.
United States District Court Central District of California, Southern Division
Case No. 8:21-cv-01886-DOC-ADS (C.D. Cal.)
About This Case
Notice of Smile Brands Data Breach Settlement
Update: The Court granted Final Approval on January 16, 2024, and entered final judgment on January 30, 2024. Payments for valid claims for Documented Time, Out-of-Pocket Costs, and Monetary Payments were sent via mail or electronic payment on March 29, 2024. Credit Monitoring Activation Codes were sent via email on March 29, 2024 to Class Members eligible to receive Credit Monitoring and Identity Theft Insurance Services. The deadline to enroll in Credit Monitoring and Identity Theft Insurance Services is June 30, 2024.
IMPORTANT MESSAGE FROM THE COURT
To receive benefits or payments from this Settlement, simply tear off and mail the Claim Form attached to the postcard you received (postage is prepaid). To receive your two free years of Credit Monitoring and Identity Theft Insurance from Experian, please include a valid email address on the postcard before mailing. You may be eligible to receive additional benefits from the Settlement—please review this website. You may also electronically submit a Claim Form using your Claim Number (located on the postcard notice you received).
THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY.
A proposed Settlement has been reached with Smile Brands Inc., Smile Brands Group Inc. and Smile Brands Finance, Inc. (together, “Smile Brands” or “Defendants”) relating to the alleged data breach Smile Brands, Inc. suffered on April 24, 2021 (the “Data Breach”).
The Settlement Class comprises persons whose personally identifiably information (“PII”) or protected health information (“PHI”) were acquired as a result of the alleged Data Breach and who are identified on the Settlement Class List because they were sent individualized written notice of the alleged Data Breach.
If you were sent a notice from Smile Brands or a Smile Brands-affiliated dental practice about the alleged Data Breach, you are included in this Settlement as a “Settlement Class Member” unless you opt-out of the Settlement.
Under the Settlement, Smile Brands has agreed to establish a Settlement Fund to pay for (1) credit monitoring and identity theft protection and insurance; (2) a cash Monetary Payment for the alleged damages you may have incurred as a result of having your PII or PHI allegedly acquired during the alleged Data Breach, including under the California Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq.; (3) cash payment of up to $5,000 for documented losses or out-of-pocket costs fairly traceable to the alleged Data Breach; (4) a cash payment of up to $125 for up to five hours of documented time fairly traceable to the alleged Data Breach, valued at $25 per hour; and (5) the costs of the settlement administration, court-approved attorneys’ fees and expenses, and service awards for Class Representatives. In addition, all Settlement Class Members will benefit from the enhanced security measures estimated to have cost Defendants in excess of $4.5 million.
The Court in charge of this case has granted preliminary approval of the Settlement, but has not yet decided whether to grant final approval of the Settlement. No Settlement benefits or payments will be provided unless the Court grants final approval of the Settlement and the Settlement becomes final.
These rights and options—and the deadlines to exercise them—are explained on this website. If you are a Settlement Class Member, your legal rights will be affected whether or not you take action.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | ||
ACTION | EXPLANATION | DEADLINE |
SUBMIT A CLAIM FORM AND OBTAIN BENEFITS UNDER THE SETTLEMENT | Submitting a Claim Form is the only way that you can receive any of the benefits beyond the enhanced security measures provided by this Settlement, including credit monitoring and identity theft insurance services, reimbursement of losses or out-of-pocket costs, and money for time spent addressing issues fairly traceable to the alleged Data Breach. If you submit a Claim Form, you will give up the right to sue the Defendants and certain related parties in any separate lawsuit about the legal claims this Settlement resolves. | Claims must be filed on or before November 16, 2023. |
EXCLUDE YOURSELF FROM THE SETTLEMENT | This is the only option that allows you to sue, continue to sue, or be part of another lawsuit against the Defendants, or certain related parties, for monetary damages relating to the claims this Settlement resolves. If you exclude yourself, you will give up the right to receive any benefits from this Settlement other than the enhanced security measures described in FAQ 27-29. | Requests for exclusion must be mailed on or before October 17, 2023. |
OBJECT TO OR COMMENT ON THE SETTLEMENT | You may object to the Settlement by filing a statement with the Court and informing it why you don’t think the Settlement should be approved and mailing a copy of the statement to the addresses set forth in FAQ 30. You can also write to the Court to provide comments or reasons why you support the Settlement. If you object, you may also submit a Claim Form to receive Settlement benefits, and you will give up the right to sue the Defendants in a separate lawsuit about the legal claims this Settlement resolves. | Objections must be filed and mailed on or before October 17, 2023. |
Case Documents
Important Dates