If you were notified by AspenPointe regarding a September 2020 Data Breach, you may be eligible for a payment and credit monitoring services from a class action settlement.
A state court authorized the Notice.
Important Dates
01 Submit a Claim Deadline
02 Exclusion Deadline
03 Objection Deadline
Final Fairness Hearing
The Court has entered an amended order vacating the final approval hearing, approving the settlement, and granting the motion for fees, costs, and service awards. "Click here to view the Final Approval Order."
- A settlement has been reached in a class action lawsuit against AspenPointe, Inc. (N.K.A. Diversus Health Inc.) (“AspenPointe” or “Defendant”) relating to a cyberattack against Defendant’s computer systems that occurred between September 12, 2020, and September 22, 2020 (the “Data Breach”). The computer systems affected by the Data Breach contained personal identifying information and protected health information of certain individuals. The Plaintiffs claim that Defendant was responsible for the Data Breach and currently assert claims such as negligence, breach of implied contract, and breach of fiduciary duty. Defendant denies all of the claims.
- If your full name and other personally identifiable information and/or protected health information was accessed during the Data Breach, you are included in this Settlement as a “Settlement Class Member.”
- The Settlement provides payments to Settlement Class Members who submit valid and timely claims for expenses, monetary loss and lost time arising from the Data Breach, and for credit monitoring and identity protection services. It also provides for equitable relief in the form of data security enhancements.
- Your legal rights are affected regardless of whether you do or do not act. Read the notice carefully.
| Your Legal Rights and Options in This Lawsuit: | |
|---|---|
| 01 SUBMIT A CLAIM FORM BY OCTOBER 18, 2022 |
This is the only way you can get payment or a code for credit monitoring services. However, in submitting a claim you will release your claims against Defendant. |
| 02 EXCLUDE YOURSELF FROM THE SETTLEMENT BY OCTOBER 18, 2022 |
You will not get any payment or credit monitoring from the Settlement, but you also will not release your claims against Defendant. This is the only option that allows you to be part of any other lawsuit against Defendant or related parties for the legal claims resolved by this Settlement. |
| 03 OBJECT TO THE SETTLEMENT BY OCTOBER 18, 2022 |
Write to the Court with reasons why you do not agree with the Settlement. |
| FINAL FAIRNESS HEARING | On October 31, 2022, The Court vacated the hearing that was scheduled for November 21, 2022, and granted final approval of the Settlement. Click here to view the Final Approval Order. |
| 05 DO NOTHING | You will not get any compensation or credit monitoring from this Settlement, and you will give up certain legal rights. Submitting a claim form is the only way to obtain payment or credit monitoring from this Settlement. |
- These rights and options—and the deadlines to exercise them—are explained in the Notice. For complete details, view the Settlement Agreement, available here, or call 1-833-335-0777.
- The Court in charge of this case still has to decide whether to grant final approval of the Settlement. Payments and other identified benefits will only be made after the Court grants final approval of the Settlement and after any appeals are resolved.