Monegato v. Fertility Centers of Illinois, PLLC

You received this Notice because you were previously notified that your personal information was potentially impacted in a data security incident publicly announced by FCI on December 27, 2021. A court authorized this Notice because you have the right to know about the proposed Settlement. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

The Honorable Neil H. Cohen of the Circuit Court of Cook County, Illinois is overseeing this class action. The case is known as Kristen Monegato v. Fertility Centers of Illinois, PLLC, Case No. 2022 CH 00810 (the “Action”). The people who filed this lawsuit are called the “Representative Plaintiffs” and the company they sued, Fertility Centers of Illinois, PLLC, is called “FCI.”

On December 27, 2021, FCI publicly announced that its internal systems were the target of an external unauthorized cyberattack. FCI’s forensic investigation revealed unauthorized access to administrative files, and FCI confirmed on August 27, 2021, that the accessed information included patient data (the “Data Security Incident”). Certain data that could have been accessed by the cyberattackers included names, employer-assigned identification numbers,  passport  numbers,  Social  Security numbers,  financial  account  information, payment card  information,  treatment  information,  diagnosis,  treating/referring physicians,  medical  record number,  medical billing/claims  information,  prescription/medication  information,  Medicare/Medicaid identification  information,  health  insurance  group  numbers,  health  insurance  subscriber  numbers,  patient account  numbers,  encounter  numbers,  ill  health /  retirement  information,  master  patient  index, occupational-health  related  information,  other  medical  benefits  and  entitlements  information,  other  medical identification  numbers,  patkeys/reason  for  absence,  sickness certificate,  usernames  and  passwords  with PINs  or  account  login  information,  and  medical facilities  associated  with  patient  information.

Representative Plaintiffs claim that FCI failed to adequately protect their personal information and that they were injured as a result. FCI denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that the law has been violated. FCI denies these and all other claims made in the Action. By entering into a Settlement, FCI is not admitting that it did anything wrong.

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

The Court has not decided in favor of Representative Plaintiffs or FCI. Instead, both sides agreed to a settlement. Settlements avoid the cost and uncertainty of a trial and related appeals, while more quickly providing benefits to members of the Settlement Class. Representative Plaintiffs and the attorneys for the Class (“Class Counsel”) believe the Settlement is best for all Class Members because of the risks and uncertainty associated with continued litigation and the nature of the defenses raised by FCI.

If you received a postcard Notice of this Settlement, you have been identified by the Settlement Administrator as a Class Member. More specifically, you are a Class Member, and you are affected by this Settlement, if you received notification from FCI regarding the Data Security Incident disclosed in December 2021.

Yes, the Settlement does not include: FCI, its subsidiaries, parent companies, successors, predecessors, and any entity in which FCI or its parents have a controlling interest and their current or former officers and directors; the Judge presiding over the Action and members of his family; persons who timely and validly request exclusion from the Settlement Class; and the successors or assigns of any such excluded person.

If you are still not sure whether you are a Class Member, you may call the Settlement Administrator’s toll free number at 1-855-558-0084.

The Settlement will provide Class Members with the following benefits:

• Payments for reimbursement of Out-of-Pocket Losses and Lost Time;
• Financial Shield services; and
• Certain remedial measures and additional security measures that FCI will or has taken as a result of this Action

If you spent money remedying or addressing identity theft and fraud as a result of the Data Security Incident, or you spent money to protect yourself from future harm because of the Data Security Incident, you may make a claim for reimbursement for Out-of-Pocket Losses of up to $450 total for Ordinary Losses and Lost Time and up to $5,000 for Extraordinary Losses.

Ordinary Losses

Ordinary Losses consist of: out-of-pocket expenses including 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; fees for credit reports, credit monitoring, or other identity theft insurance product purchased between December 27, 2021, and December 7, 2022.

Lost Time

If you spent time remedying or addressing issues related to the Data Security Incident, you may submit a claim for a payment of $20 per hour for up to four hours of time (up to $80) by submitting a Claim form with a certification describing the time spent. This includes, for example, time spent taking actions intended to remedy fraud, identity theft, or misuse of your personal information and time spent investigating whether your information had been compromised.

Extraordinary Losses

If you suffered additional losses beyond the Ordinary Losses provided for above, you may also submit a claim for extraordinary losses, up to $5,000, for proven monetary losses.  Extraordinary Losses may be reimbursable if: (1) the loss is an actual, documented, and unreimbursed (except from claimant’s insurer) monetary loss; (2) the loss was fairly and reasonably traceable to the Data Security Incident; (3) the loss occurred between February 1, 2021, and June 5, 2023; (4) the loss is not already covered by one or more of the ordinary reimbursement categories; and (5) the loss exceeds all available credit monitoring insurance and identity theft insurance.

Claims for reimbursement for Ordinary and Extraordinary Out-of-Pocket Losses must be supported by Reasonable Documentation, with the exception of claims for Lost Time, which must be supported by a detailed explanation of the time spent dealing with the Data Security Incident. Reasonable Documentation means written documents supporting your claim, such as credit card statements, bank statements, invoices, telephone records, and receipts. 

Total aggregate compensation for Ordinary and Extraordinary Out-of-Pocket Losses is capped at $450,000. Individual reimbursements may be reduced pro rata depending on the number of Class Members that participate in the Settlement and the amount of total claims reimbursable losses.
 

You are eligible for twenty-four (24) months of the Financial Shield service provided by Pango, beginning on the Effective Date. A link  to submit a request for  Pango's Financial Shield is available at the Submit a Request for Financial Shield page. This benefit provides to all Class Members who enroll the following or similar services:

• Up to $1 million in comprehensive insurance ($0 deductible) covering expenses that a consumer may incur after being defrauded as well as replacement of stolen funds;
• Dark Web Monitoring of enrolled Class Members’ personal information for publication on the dark web;
• Fictitious Identity Monitoring that will provide notification if an enrolled Class Member’s Social Security Number is attempting to be used in association with someone else’s name and/or address; 
• Authentication Alerts that will provide notification if an enrolled Class Member’s Social Security Number is used as part of an identity verification event;
• Bank and Financial Account Monitoring of changes in enrolled Class Members’ financial accounts;
• High Risk Transaction Monitoring that will provide notification to enrolled Class Members of high-risk transactions such as payday loans, wire transfers, and account openings;
• Online Income Tax Alerts that will provide notification of returns filed with TurboTax using enrolled Class Members Social Security Numbers; 
• Home Title Monitoring that will provide notification if an existing title is changed, removed, or new titles are added in the name of an enrolled Class Member;
• Monthly Credit Scores that will be provided to all enrolled Class Members;
• Lost Wallet Protection that will assist enrolled Class Members with canceling and replacing credit cards that are lost or stolen;
• Credit Security Freeze Assistance; and
• Customer Support and victim assistance following an identity event.
   

FCI has committed to continuing to provide additional security measures over two years following final approval of the settlement with the primary purpose of improving and maintaining information protection. These measures include: 

• Comprehensive annual employee information security awareness training program;
• Deploying and maintaining advanced malware protection software with monitoring and alerting capabilities to detect and prevent known threats;
• Hardening end points, including deployment of end point security and end point management with a network intrusion detection and prevention solution;
• Implementing multi-factor authentication; and
• Enhanced account and password security.

Unless you exclude yourself, you are choosing to remain in the Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against FCI and related parties about the legal issues in this Action that are released by this Settlement. The specific rights you are giving up are called Released Claims (described in Question 13, below).

In exchange for the Settlement, Class Members agree to release all legal claims against FCI and their affiliates. 

The release covers FCI and its past or present parents, subsidiaries, divisions, and related or affiliated entities of any nature whatsoever, whether direct or indirect, as well as each of FCI’s and these entities respective predecessors, successors, members, directors, officers, employees, principals, agents, attorneys, providers, customers, insurers, and reinsurers, and includes, without limitation, any Person related to any such entity who is, was or could have been named as a defendant in this Action (“Released Persons”), from any and all claims and causes of action, including, without limitation, any causes of action for or under the Illinois Consumer Fraud and Deceptive Business Practices Act; Illinois State Constitution’s right to privacy; negligence; negligence per se; breach of contract; breach of implied contract; breach of fiduciary duty; breach of confidence; invasion of privacy; misrepresentation (whether fraudulent, negligent or innocent); unjust enrichment; bailment; wantonness; failure to provide adequate notice pursuant to any breach notification statute or common law duty; and including, but not limited to, any and all claims for damages, injunctive relief, disgorgement, declaratory relief, equitable relief, attorneys’ fees and expenses, pre-judgment interest, credit monitoring services, the creation of a fund for future damages, statutory damages, punitive damages, special damages, exemplary damages, restitution, the appointment of a receiver, and any other form of relief that either has been asserted, or could have been asserted, by or on behalf of any Representative Plaintiff or Class Member against any of the Released Persons based on, relating to, concerning or arising out of the Data Security Incident, or the allegations, facts, or circumstances described in the Litigation. Released Claims shall not include the right of any Class Member or any of the Released Persons to enforce the terms of the settlement contained in this Settlement Agreement, and shall not include the claims of Class Members who have timely and validly opted out of the Settlement Agreement and thus exclude themselves from the Class. The Released Claims do not include claims against the cyber attackers who committed the acts involved in the Data Security Incident and persons or entities that intentionally misuse the personal information placed at risk as a result of the Data Security Incident for unlawful purposes.

More information is provided in the Class Action Settlement Agreement which is available at the Important Documents page. If you have any questions regarding the Release, you may contact Class Counsel listed in Question 29.
 

You must complete and submit a Claim Form by June 5, 2023. Claim Forms may be submitted online at the Submit Claim page or printed from the website and mailed to the Settlement Administrator at the address on the form. Claim Forms are also available by calling 1-855-558-0084 or by writing to FCI Data Security Incident Settlement, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. The quickest way to file a claim is online.

If you receive a Notice by mail, use your Unique Identification Number to file your Claim Form. If you lost or do not know your Unique Identification Number, please call 1-855-558-0084 to obtain it. 

To file a claim for reimbursement of up to $450 in Ordinary Out-of-Pocket Losses, you must submit a valid Claim form with supporting documentation. The Claim Form requires that you sign the attestation regarding the information you provided and that you include Supporting Documentation, such as credit card statements, bank statements, invoices, telephone records, and receipts. 

To file a claim for cash payment of up to $80 for Out-of-Pocket Losses for time spent remedying or addressing issues related to the Data Security Incident, you must submit a valid Claim Form electing to receive a payment for Out-of-Pocket Losses for Time Lost. The Claim Form requires that you sign the attestation regarding the information you provided.

To file a claim for a payment of up to $5,000 in Extraordinary Losses, you must submit a valid Claim Form with supporting documentation. The Claim Form requires that you sign the attestation regarding the information you provided and that you include Supporting Documentation to show that the loss is an actual, documented, and unreimbursed (except from claimant’s insurer) loss; that the loss was fairly and reasonably traceable to the Data Security Incident; that the loss occurred between February 1, 2021, and June 5, 2023; that the loss is not already covered by one or more of the ordinary reimbursement categories; and that the loss exceeds all available credit monitoring insurance and identity theft insurance.

Instructions for filling out a claim for Out-of-Pocket Losses and Extraordinary Losses are included on the Claim Form. You may access the Claim Form at the Important Documents page. 

The deadline to file a claim for Out-of-Pocket Losses is June 5, 2023.
 

Twenty-four (24) months of Financial Shield services by Pango are available to all Class Members without the need to file a Claim Form. Class Members will need to enroll in the service within 24 months of the Effective Date of the Settlement. A link to submit a request for Pango's Financial Shield is available online at the Submit a Request for Financial Shield page. If you encounter any issues submitting your request for Financial Shield, please call the Settlement Administrator at 1-855-558-0084, or send an email to info@FCISettlement.com, to verify your identity and receive further information.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by calling 1-855-558-008, emailing info@FCISettlement.com, or by writing to: 

FCI Data Security Incident Settlement
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
 

To receive reimbursement from the Settlement, you must file a Claim Form. Reimbursements for and claims for Out-of-Pocket and Extraordinary Losses will be provided by the Settlement Administrator either electronically, via PayPal or Venmo, or as checks, via mail, after the Settlement is approved and becomes final. 

It may take longer than one year for the Settlement to be approved and become final. Please be patient and check this website for updates. 
 

Yes, the Court has appointed J. Gerard Stranch and Peter J. Jannace of Branstetter, Stranch & Jennings, PLLC, and Kevin J. Conway of Cooney and Conway, as Class Counsel to represent you and the Class for the purposes of this Settlement. You may hire your own lawyer at your own expense if you want someone other than Class Counsel to represent you in this Action.

Class Counsel will file a motion asking the Court to award them attorneys’ fees and expenses in an amount up to $275,000. They will also ask the Court to approve $1,500 service awards to each of the Representative Plaintiffs for participating in this Action and for their efforts in achieving the Settlement. The Court may award less than these amounts.

Class Counsel’s application for attorneys’ fees, expenses, and service awards will be made available on this Settlement website before the deadline for you to comment or object to the Settlement. You can request a copy of the application by contacting the Settlement Administrator at 1-855-558-0084.
 

To exclude yourself from the Settlement, you must complete and sign a Request for Exclusion. The written notice must clearly manifest your intent to be excluded from the Settlement Class. The Request for Exclusion must identify the case name Monegato v. Fertility Centers of Illinois, PLLC, Case No. 2022 CH 00810 (Cook Cty. Cir. Ct.) and state the name, address, and telephone number of the Class Member(s) seeking exclusion and must be signed. To be effective, written notice must be submitted electronically on this Settlement Website or postmarked not later than sixty days after December 7, 2022 to: 

FCI Data Security Incident Settlement
Attn: Exclusions
P.O. Box 58220
Philadelphia, PA 19102

You cannot exclude yourself by telephone or email
 

No. Unless you exclude yourself, you give up any right to sue FCI and Released Persons (defined in the Settlement Agreement) for the claims that this Settlement resolves. You must exclude yourself from this Action to start or continue with your own lawsuit or be part of any other lawsuit against FCI or any of the Released Persons. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Class Member, you can object to the Settlement if you don’t think it is fair, reasonable, or adequate, including Class Counsel’s motion for an award of attorneys’ fees, costs, and expenses. The Court cannot order a larger settlement or award you more based on your individual circumstances; the Court can only approve or deny the Settlement as it is presented. To object, you must mail a letter stating that you object to the Settlement in Monegato v. Fertility Centers of Illinois, PLLC, Case No. 2022 CH 00810. Your objection must include the following information: (i) your full name, address, telephone number, and e-mail address (if any); (ii) information identifying you as a Class Member, including proof that you are a member of the Settlement Class (e.g., copy of settlement notice, copy of original notice of the Data Security Incident); (iii) a written statement of all grounds for the objection, accompanied by any legal support for the objection that you believe is applicable; (iv) the identity of all counsel representing you, if any; (v) the identity of all counsel representing you who will appear at the Final Fairness Hearing, if any; (vi) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection, if any; (vii) a statement confirming whether you intend to personally appear and/or testify at the Final Fairness Hearing; (viii) your signature and the signature of your duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation), if any; (ix) a list, by case name, court, and docket number, of all other cases in which you (directly or through counsel) have filed an objection to any proposed class action settlement within the last three (3) years; (x) a list, by case name, court, and docket number, of all other cases in which your counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and (xi) a list, by case name, court, and docket number, of all other cases in which you have been a named plaintiff in any class action or served as a lead plaintiff or class representative.

You must file your objection in writing with the Clerk of the Court of the Circuit Court of Cook County, Illinois, Richard J. Daley Center, 50 West Washington Street. Room 1001, Chicago, Illinois 60602. The objection must be received by the Court by no later than February 20, 2023. 

You must also mail a copy of your objection to the attorneys for all parties to the lawsuit: 

• Class Counsel: J. Gerard Stranch and Peter J. Jannace, Branstetter, Stranch & Jennings, PLLC, 223 Rosa L. Parks Avenue, Suite 200, Nashville, TN 37203, and Kevin J. Conway, Cooney and Conway, 120 North LaSalle St., 30th Floor, Chicago, IL 60602; and 
• Counsel for FCI: David A. Carney, Baker & Hostetler LLP, 127 Public Square, Suite 2000, Cleveland, Ohio, 44114. 

Instead of mailing the attorneys for all parties, you can mail a copy of the objection to:  

FCI Data Security Incident Settlement
Attn: Objections
P.O. Box 58220
Philadelphia, PA 19102
 

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 Class (that is, do not exclude yourself). Requesting exclusion is telling the Court you do not want to be part of the Class or the Settlement. If you exclude yourself, you cannot object to the Settlement because it no longer affects you

The Court will hold a Final Fairness Hearing on February 27, 2023 at 9:30 a.m. CT before The Honorable Neil H. Cohen, Associate Judge, Circuit Court of Cook County. Zoom Meeting ID: 940 2402 4757; Zoom Meeting Password 739301.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve: the Settlement; Class Counsel’s application for attorneys’ fees, costs and expenses; and the service awards to the Representative Plaintiffs. If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing. This hearing date and time may be moved or may be conducted telephonically or by video conference. Please refer to the settlement website for notice of any changes.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mail your written objection on time the Court will consider it.

Yes. If you wish to attend and speak at the Final Fairness Hearing, you must indicate this in your written objection (see Question 23). Your objection must state that it is your intention to appear at the Final Fairness Hearing and must identify any witnesses you may call to testify or exhibits you intend to introduce into evidence at the Final Fairness Hearing. If you plan to have your attorney speak for you at the Fairness Hearing, your objection must also include your attorney’s name, address, and phone number.

If you are a Class Member and you do nothing, you will not receive any Settlement benefits. You will give up rights explained in Questions 12 and 13, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against FCI or any of the Released Persons about the legal issues in this Action that are released by the Settlement Agreement.

This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at the Important Documents page, by calling 1-855-558-0084 or by writing to:
 

FCI Data Security Incident Settlement
1650 Arch Street, Suite 2210
Philadelphia, PA 19103

Publicly-filed documents can also be obtained by visiting the office of the Clerk of the Circuit Court of Cook County. 
If you have questions you may contact Class Counsel at: