Eye Physicians of Central Florida Settlement Ends Class Action Lawsuit Over Nov. 2023 Data Breach
Connell v. Eye Physicians of Central Florida, P.L.C.
Filed: December 15, 2023 ◆§ 2023-CA-017660
An Eye Physicians of Central Florida settlement offers cash and credit monitoring to those who may have been impacted by a Nov. 2023 data breach.
Eye Physicians of Central Florida has agreed to a settlement to end a class action lawsuit over a November 2023 data breach in which an unauthorized third party allegedly gained access to confidential information.
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The Eye Physicians of Central Florida class action settlement received preliminary approval from the court on February 23, 2026 and covers all United States residents who were notified by Eye Physicians the that their private information was potentially accessible during the data breach and/or known to be compromised by the breach discovered on or about November 5, 2023, including employees who entered into an arbitration agreement with Eye Physicians.
Court documents state that Eye Physicians will waive enforcement of employees’ arbitration agreements only for the limited purpose of claims arising out of or in connection with the data breach.
The court-approved website for the Eye Physicians of Central Florida settlement can be found at EyePhysiciansCentralFLSettlement.com.
According to court documents, Eye Physicians settlement class members who submit a timely, valid claim form are eligible for multiple benefits.
The agreement says that class members who submit a claim form with documented proof of ordinary losses incurred because of the breach are eligible to receive up to $2,000 in reimbursement.
All claims for ordinary losses must be accompanied by third-party documentation, such as invoices or receipts, and the agreement states that this category covers expenses such as bank fees, data use charges, travel and fees for credit reports, credit monitoring or identity theft insurance purchased between November 5, 2023 and May 15, 2026.
As part of the ordinary expense category, class members may also submit a claim to receive reimbursement for up to three hours of lost time spent responding to the breach, at a rate of $25 per hour, for a maximum payout of $75. The agreement adds that claims for lost time must include a brief written attestation that the time was responding to problems created by the data breach.
Class members who submit a claim form with documented proof of extraordinary losses incurred because of the breach are eligible to receive up to $7,500 in reimbursement. To claim an extraordinary loss payment, the agreement says that class members must provide documentation showing that they sustained actual monetary losses due to fraud of identity theft likely caused by the data breach, occurred between November 5, 2023 and May 15, 2026, and that are not covered by any other settlement benefits.
Additionally, class members must be able to show that they made reasonable efforts to avoid or seek reimbursement for their losses, including the exhaustion of all credit monitoring and identity theft insurance, per the agreement.
In addition to any monetary settlement benefits, the agreement relays all class members are eligible to receive two free years of CyEx Identity Defense Complete, which includes identity theft insurance and access to victim assistance. To obtain this benefit, settlement class members can use the activation code provided on their received copy of the settlement notice or can submit a timely, valid claim form indicating that they would like to receive credit monitoring services.
To submit an Eye Physicians settlement claim form online, class members can head to this page and enter the unique ID and PIN also found on their received copy of the settlement notice. Alternatively, class members may download a PDF claim form to print, complete, and return by mail to the settlement administrator listed on the second page.
All Eye Physicians of Central Florida settlement claim forms must be submitted online or postmarked by May 15, 2026.
Finally, as part of the settlement, Eye Physicians of Central Florida has agreed to undertake reasonable steps to further secure its systems and better protect the private information it stores.
The court will determine whether to grant the Eye Physicians settlement final approval following a hearing to be scheduled for a later date. Compensation will begin to be distributed to class members only after final approval has been granted and any appeals have been resolved.
The Eye Physicians of Central Florida class action lawsuit alleged that the ophthalmology practice failed to protect confidential information stored on its systems from a data breach on or around November 5, 2023. Per court documents, the personal information that may have been compromised in the breach include names, addresses, dates of birth, medical diagnoses, treatment information, health insurance information and financial information.
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