If you were notified by Aloha Nursing Rehab Centre (“Aloha”) that your private information was compromised in a cyberattack against Aloha in July of 2022 (the “Cyberattack”), you may be eligible to receive reimbursement for unreimbursed expenses and credit-monitoring services.
A class action settlement in the case entitled Spencer, et al. v. Aloha Nursing Rehab Centre, Case No. 1CCV-23-0000486 in the Circuit Court for the First Circuit, State of Hawai’i, has been reached.
The Lawsuit is a proposed class action lawsuit brought on behalf of all persons whose personally identifiable information was potentially compromised as a result of the Cyberattack against Aloha in July of 2022.
The Settlement Class includes All persons whose private information was maintained on Defendant’s computer systems that were compromised in the Cyberattack.
Identity Protection and Credit Monitoring Services
The proposed Settlement provides 30 months of credit monitoring service free of charge to Settlement Class Members who request credit monitoring.
Compensation for Unreimbursed Ordinary Expenses and Extraordinary Losses
The Settlement also provides compensation for unreimbursed out-of-pocket expenses incurred as a result of the Cyberattack, up to a total of $500 per member of the Settlement Class, for the following categories of expenses: bank fees, certain phone and data charges, postage, fees for credit reports, credit monitoring, or other identity theft insurance product purchased between July 8, 2022 and July 29, 2024; and up to 3 hours of lost time at a rate of $25.00 per hour for time spent dealing with the Cyberattack (“Ordinary Losses”).
The Settlement further provides compensation for certain monetary losses not covered by the Ordinary Loss categories, including monetary losses relating to fraud or identity theft, professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services, incurred as a result of the Cyberattack, up to a total of $2,000 per member of the Settlement Class (“Extraordinary Losses”).
New Practices
Aloha has implemented improvements, and plans for future implementations, to improve its cybersecurity since the Cyberattack.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
| SUBMIT A CLAIM BY JULY 29, 2024 | You must submit a valid claim form to receive reimbursement for unreimbursed expenses. |
| REQUEST CREDIT MONITORING | You are eligible to receive 30 months of free credit monitoring services. If you request credit monitoring, you will receive a code and instructions for how to enroll in this benefit. |
| DO NOTHING | You will receive no benefits from the Settlement and will no longer be able to sue the Released Parties, including Aloha over the claims resolved in the Settlement. |
| EXCLUDE YOURSELF FROM THE SETTLEMENT BY JUNE 28, 2024 | You will receive no benefits from the Settlement, but you will retain your legal claims against the Released Parties. |
| OBJECT BY JUNE 28, 2024 | Write to the Court about why you do not like the Settlement. You must remain in the Settlement Class to object to the Settlement. |
| GO TO A HEARING ON AUGUST 7, 2024 | Ask to speak in Court about the fairness of the Settlement. |
To understand all your options and how your rights will be affected, as well as the deadlines for action on your part, please read all of the Long Form Notice
How, when and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. That hearing is scheduled for August 7, 2024, at 10:30 A.M., at Kaʻahumanu Hale 777 Punchbowl St., Honolulu, HI 96813. At the Final Approval Hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have properly requested to speak at the hearing. The Court may also consider Plaintiffs’ request for attorneys’ fees and costs, and Plaintiffs’ request for service awards for the Representative Plaintiffs. After the hearing, the Court will decide whether to approve the Settlement.