American Vision Partners Data Breach Settlement

The notice gives examples rather than a complete list of covered out-of-pocket expenses. A claimant seeking this option must show the loss is connected to the breach.

• Out-of-pocket claims can include unreimbursed fraud or identity-theft losses, certain professional fees, credit-freeze costs, qualifying credit-monitoring costs incurred from November 2023 through claim submission, and certain small expenses such as postage, copying, mileage, and qualifying phone or data charges.
• The expense must be reasonably and fairly traceable to the data breach. The $3,000 figure is a cap per claimant, not a promised payment amount.

The notice specifically requires documentation for out-of-pocket claims. It does not clearly say whether supporting documents are required for the separate pro rata cash-payment option; follow the Claim Form instructions for that option.

• Submit supporting records and an attestation with an out-of-pocket claim.
• Receipts or other records prepared by someone other than the claimant may support the claim.
• A handwritten receipt or another self-prepared document cannot, by itself, establish reimbursement, although it may help explain other records.
• Do not claim an expense that another source has already reimbursed, including the credit-monitoring and identity-theft product mentioned in the notice.

• Complete and submit a Claim Form online or by mail by November 12, 2026.
• To request electronic or ACH payment for a valid claim, submit the Claim Form online. The notice does not offer that option for mailed claims.
• The notice says payment cannot be distributed unless the Court approves the settlement and any appeals are finished. It does not provide a payment date.

This relief is a commitment to improve the defendants’ cybersecurity practices. It is not a cash payment to individual Injunctive Relief Class members.

• The notice estimates the cybersecurity commitments at about $2,787,630.
• The defendants, not the $1.75 million damages fund, will bear the implementation and maintenance costs.
• The listed measures include cybersecurity leadership and training, outside security testing and services, stronger data controls, email and disaster-recovery improvements, risk assessments, and updated security policies.
• The notice says the measures will remain in place for a minimum period, but it does not state that period in this notice; it says the long-form settlement agreement will address it.

The notice does not say now what the Court will approve. It does say these court-approved amounts would come from the Settlement Fund.

• Class Counsel may ask the Court for attorneys’ fees equal to 33.33% of the settlement’s value, including the stated value of the cybersecurity relief, plus reasonable litigation costs.
• They may also seek service awards of up to $2,500 for each named Plaintiff.
• Any fees, costs, and service awards must be approved by the Court and are to be paid from the Settlement Fund. The Court may award less than requested.

Opting out means leaving the settlement. A person who opts out cannot receive settlement benefits, but this is the option that preserves the ability to pursue a separate lawsuit about the breach.

• If the settlement becomes final and a person does not opt out, they release claims against the defendant and related entities that were or could have been brought about the data breach.
• Doing nothing does not produce a damages benefit, but it does not preserve the right to bring or remain in a lawsuit over released data-breach claims.
• A person who wants to leave the settlement must mail an individually signed written opt-out request that clearly says they want to be excluded. It must be postmarked by October 13, 2026.