Individuals who received notice that their personal information was compromised in the October 2023 Dakota Eye Institute data breach may be eligible to claim up to $5,000 and receive credit monitoring services through a class action settlement. The breach affected 170,143 people.
Dakota Eye Institute LLP agreed to pay $1,000,000 to settle claims alleging negligence, violations of North Dakota law, unjust enrichment, and breach of implied contract. The lawsuit argues that affected individuals suffered harm and face ongoing risks due to the data breach.
Who Can File a Claim?
Eligible class members must:
- Live in the United States
- Have had personal and protected health information compromised in the October 2023 data breach
- Have received an official notice letter from Dakota Eye Institute about the incident
How Much Is the Settlement Payment?
Class members may qualify for one or more of the following benefits:
Ordinary out-of-pocket losses
- Up to $1,000 for documented expenses related to the breach, including credit monitoring services, bank fees, and other unreimbursed costs.
Extraordinary losses
- Up to $5,000 for documented monetary losses resulting from identity theft caused by the breach.
Credit monitoring services
- Two years of single-bureau credit monitoring with at least $1,000,000 in fraud insurance.
Alternate cash payment
- A $45 pro rata cash payment for class members who choose not to receive credit monitoring. Final amount depends on the number of claims filed.
How to Submit a Claim
Claims must be submitted by January 12, 2026.
Class members may:
- File a claim online, or
- Download their personalized claim form and mail it to the administrator.
Mailing address:
DED9 Settlement Administrator
P.O. Box 301132
Los Angeles, CA 90030-1132
Required Information and Documentation
- Claim Number and PIN from the official notice are required for online submissions.
- Claims for ordinary or extraordinary losses must include documentation such as receipts, statements showing charges, invoices, police reports, or other evidence of fraud-related expenses.
Payout Options
- Electronic payment
- Paper check mailed to the address provided
Settlement Fund Breakdown
The $1,000,000 fund will cover:
- Settlement administration costs (TBD)
- Attorneys’ fees and expenses ($350,000)
- Service awards to class representatives ($2,000 each)
- Credit monitoring services (cost based on claims submitted)
- Payments to approved claimants (remaining funds)
Important Dates
- Exclusion deadline: December 13, 2025
- Claim filing deadline: January 12, 2026
- Final approval hearing: January 12, 2026
When Will Payments Be Sent?
Payments and credit monitoring activation codes will be sent approximately 42 days after the settlement receives final approval.
Why This Settlement Exists
The lawsuit alleges Dakota Eye Institute did not adequately safeguard sensitive personal and health information, resulting in the October 2023 data breach. While the company denies wrongdoing, it agreed to settle to avoid the risks and costs of further litigation.
