Frequently Asked Questions

  1. Why did I receive a notice?

    A State Court authorized the Notice because you have the right to know about the proposed Settlement of this class action lawsuit, and about all of your rights and options, before the Court decided to grant final approval of the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.

    Judge Andrew P. McCallin of the 2nd District Court of Colorado is overseeing this class action. The case is known as Snyder et al. v. The Urology Center of Colorado, P.C., Case No. 2021CV33707 (the “Litigation”). The people who filed this lawsuit are called the “Plaintiffs” or “Class Representatives” and the company they sued, The Urology Center of Colorado, P.C., is called “TUCC” or the “Defendant.”

    To view a copy of the Notice, click here.

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  2. What is this lawsuit about?

    Plaintiffs allege that between September 7, 2021, and September 8, 2021, cybercriminals obtained unauthorized access to TUCC’s network and may have acquired the personally identifiable information (PII) of TUCC’s current and former patients. This information may include names, addresses, dates of birth, phone numbers, email addresses, Social Security numbers, medical record numbers, treating physicians, treating costs, diagnosis, and health insurance information.

    Defendant denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing, or that any law has been violated. Defendant denies these and all other claims made in the Litigation. By entering the Settlement, Defendant is not admitting any wrongdoing.

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  3. Why is the lawsuit a class action?

    In a class action, one or more people called "Class Representatives" sue on behalf of all people who have similar claims. Together, all these people are called a "Settlement Class" or "Settlement Class Members". One court resolves the issues for all Settlement Class Members, except for those Settlement Class Members who timely exclude themselves from the Settlement Class.

    The proposed Class Representatives in this case are the Plaintiffs: Kristen Snyder and Diona Lopez.

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  4. Why is there a settlement?

    Plaintiffs and Defendant do not agree about the claims made in this Litigation. The Litigation did not go to trial, and the Court did not decide in favor of Plaintiffs or Defendant. Instead, Plaintiffs and Defendant have agreed to settle the Litigation. Plaintiffs and the attorneys for the Settlement Class (“Class Counsel”) believe the Settlement is best for all Settlement Class Members because of the Settlement benefits and the risks and uncertainty associated with continued litigation and the nature of the defenses raised by the Defendant.

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  5. How do I know if I am part of the Settlement?

    You are a Settlement Class Member if you were one of the approximately 137,820 individuals who were mailed a notification that your personally identifiable information may have been impacted in the Data Incident between September 7, 2021, and September 8, 2021. If you were mailed a notification, you are a Settlement Class Member.

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  6. Are there exceptions to being included in the Settlement?

    Yes. Excluded from the Settlement Class are:

    1. TUCC and its officers and directors;
    2. Judge Andrew P. McCallin and his staff and family; and
    3. Any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere (a legal term that means "I do not wish to contend") to any such charge.

    Also excluded from the Class are Settlement Class Members who timely and validly requested exclusion from the Settlement Class (for more information about requesting exclusion, see FAQ 17).

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  7. What if I am not sure whether I am included in the Settlement?

    If you are still not sure whether you are a Settlement Class Member, you may call the Claims Administrator’s toll-free number at 1-855-424-0789, or write to the Claims Administrator at:

    TUCC Claims Administrator
    P.O. Box 5420
    Portland, OR 97228-5420
    info@TUCCSettlement.com

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  8. What does the Settlement provide?

    If you are a Settlement Class Member and you filed a valid and timely Claim Form with the necessary supporting documentation (if applicable), you may be eligible for the following benefits:

    Compensation for Documented Ordinary Losses:

    TUCC will provide compensation for unreimbursed losses, up to a total of $500 per person, for Settlement Class Members who submitted a Claim Form and supporting documentation for Out-of-Pocket expenses incurred as a result of the Data Incident, including unreimbursed bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage, or gasoline for local travel.

    Compensation for Documented Extraordinary Losses

    TUCC will provide up to $2,500 in compensation to each Settlement Class Member for proven monetary loss if:

    1. The loss is an actual, documented, and unreimbursed monetary loss;
    2. The loss was more likely than not caused by the Data Incident;
    3. The loss occurred between September 2021 and the Claims Deadline of November 7, 2022;
    4. The loss is not already covered by one or more of the reimbursement categories listed above; and the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.
    California Statutory Payment

    TUCC will provide $50 in compensation to each Settlement Class Member who confirms they had a California mailing address at the time of the Data Incident.

    Identity Theft Protection

    Settlement Class Members who previously enrolled in the IDX identity protection services offered by TUCC in connection with the Data Incident will be automatically provided two (2) years of additional identity theft protection services without the need to make a claim.

    Settlement Class Members who did not previously enroll in the identity protection services offered by TUCC in connection with the Data Incident may must have submitted a claim for two (2) years of identity protection services.

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  9. Is there additional information available regarding the reimbursement of out-of-pocket expenses and compensation for time spent dealing with the Data Incident?

    Yes. Settlement Class Members seeking reimbursement must have completed and submitted a Claim Form to the Claims Administrator by November 7, 2022.

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  10. What did I give up to receive Settlement benefits or stay in the Settlement Class?

    Unless you excluded yourself, you chose to remain in the Settlement Class. You will not be able to sue, continue to sue, or be part of any other lawsuit against TUCC and Released Parties about the legal issues in this Litigation that are released by this Settlement. The specific rights you gave up are called “Released Claims.” (see FAQ 11).

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  11. What are the Released Claims?

    The Settlement Agreement in Section IV, paragraphs 1.20 and 6.1–6.3 describes the Release, Released Claims, and the Released Parties in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available here or in the public court records on file in this lawsuit. For questions regarding the Releases and what they mean, you can also contact one of the lawyers listed in FAQ 15 for free, or you can talk to your own lawyer at your own expense.

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  12. How do I make a claim for Settlement benefits?

    The deadline to submit a claim was November 7, 2022.

    Settlement Class Members who previously enrolled in the IDX identity protection services offered by TUCC in connection with the Data Incident will be automatically provided two (2) years of additional identity theft protection services without the need to submit a claim. Settlement Class Members who did not previously enroll in the identity protection services offered by TUCC in connection with the Data Incident may have submitted a claim for two (2) years of identity protection services.

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  13. What happens if my contact information changes after I submit a claim?

    If you change your mailing address or email address after you submitted a Claim Form, it is your responsibility to inform the Claims Administrator of your updated information. You may notify the Claims Administrator of any changes by writing to:

    TUCC Claims Administrator
    P.O. Box 5420
    Portland, OR 97228-5420
    info@TUCCSettlement.com

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  14. When will I receive my Settlement benefits?

    We expect payments to eligible claimants to be distributed on February 17, 2023.

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  15. Do I have a lawyer in this case?

    Yes, the Court has appointed the law firm of Milberg Coleman Bryson Phillips Grossman, PLLC, 5335 Wisconsin Avenue NW. Suite 440, Washington, D.C. 20015 as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this Litigation.

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  16. How will Class Counsel be paid?

    The Court granted approval to Class Counsel’s motion to award them attorneys’ fees and costs not to exceed $215,000 to be paid by TUCC. The Court also approved $2,000 service awards to each of the named Plaintiffs (totaling $4,000) for participating in this Litigation, and for their efforts in achieving the Settlement.

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  17. How do I get out of the Settlement?

    The deadline to request exclusion from the Settlement was October 10, 2022.

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  18. If I excluded myself, can I get anything from this Settlement?

    No. If you excluded yourself, you told the Court you do not want to be part of the Settlement. You can only get Settlement benefits if you stayed in the Settlement and submitted a valid and timely Claim Form.

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  19. If I did not exclude myself, can I sue the Defendant for the same thing later?

    No. Unless you excluded yourself, you gave up any right to sue Defendant and Released Parties for the claims this Settlement resolves relating to the Data Incident. You must have excluded yourself from this Litigation to start or continue with your own lawsuit or be part of any other lawsuit against the Defendant or any of the Released Parties.

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  20. How do I tell the Court that I do not like the Settlement?

    The deadline to object to the Settlement was October 10, 2022.

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  21. What is the difference between objecting and asking to be excluded?

    Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees and expenses. You can object only if you stay in the Settlement Class (that is, do not exclude yourself). Requesting exclusion is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you exclude yourself, you cannot object to the Settlement.

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  22. When and where will the Court decide whether to approve the Settlement?

    The Court held a Final Fairness Hearing via videoconference on October 26, 2022, at 1:00 p.m. before Judge Andrew P. McCallin.

    At this hearing, the Court considered whether the Settlement was fair, reasonable, and adequate and decided to approve: the Settlement, Class Counsel’s application for attorneys’ fees, costs, and expenses, and the incentive awards to Plaintiffs.

    The Court granted approval to the Settlement and the Final Approval Order was entered on October 30, 2022.

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  23. What happens if I do nothing at all?

    If you are a Settlement Class Member and you did nothing, you gave up rights, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or any of the Released Parties about the legal issues in this Litigation that are released by the Settlement Agreement relating to the Data Incident.

    You will also receive no Settlement benefits, unless you previously enrolled in the IDX identity protection services offered by TUCC in connection with the Data Incident, then you will be automatically provided two (2) years of additional identity theft protection services.

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  24. How do I get more information?

    This website and the Notice only provide a summary of the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available for download here. You also may contact the Claims Administrator with questions or to request documents by calling the toll-free number, 1-855-424-0789, or writing to:

    TUCC Claims Administrator
    P.O. Box 5420
    Portland, OR 97228-5420
    info@TUCCSettlement.com

    Please do not telephone the Court or the Court’s Clerk office regarding the Settlement.

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