Harbour v. California Health & Wellness Plan

Your legal rights are affected whether you act or don’t act. Read this website and the Notice carefully.

Start Your Claim

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A Settlement has been proposed in a class action lawsuit against Health Net, LLC, Health Net of California, Inc., Health Net Life Insurance Company, Health Net Community Solutions, Inc., California Health & Wellness Plan, Accellion, Inc., and Centene Corporation (collectively, “Health Net Defendants”), relating to a data breach that Health Net Defendants announced on March 24, 2021, whereby on or around January 20-22, 2021, an unauthorized user may have accessed certain Health Net Defendants’ members’ information on the FTA platform, including addresses, dates of birth, Social Security numbers, insurance identification numbers, and health information (the “FTA Data Breach”). The FTA Data Breach was part of the breach involving Accellion, Inc.’s (“Accellion”) file transfer product called the File Transfer Appliance (FTA).

If you received a notice from the Health Net Defendants that your personal information was compromised as a result of the FTA Data Breach, you are included in this Settlement as a member of the Settlement Class.

Under the Settlement, the Health Net Defendants have agreed to establish a $10 million Settlement Fund to:

1. pay for three years of credit monitoring and insurance services (“Credit Monitoring and Insurance Services”); or
2. provide cash payments of up to $10,000 per Class Member for reimbursement of certain Documented Losses (“Documented Loss Payment”); or
3. provide cash payments to Class Members (“Cash Fund Payment”). The Settlement Fund will also be used to pay for the costs of the settlement administration, court-approved attorneys’ fees and expenses, and Service Payments for named Plaintiffs. In addition, the Health Net Defendants have agreed to undertake certain remedial measures and enhanced security measures that they will continue to implement.

Your Legal Rights and Options in This Lawsuit

File a Claim Form	Submitting a Claim Form is the only way that you can receive any of the benefits provided by this Settlement, including Credit Monitoring and Insurance Services, a Documented Loss Payment, or a Cash Fund Payment. If you submit a Claim Form, you will give up the right to sue the Health Net Defendants and certain related parties in a separate lawsuit about the legal claims this Settlement resolves. The deadline is December 22, 2023.
Exclude Yourself from this Settlement	This is the only option that allows you to sue, continue to sue, or be part of another lawsuit against the Health Net Defendants, or certain related parties, for the claims this Settlement resolves. If you exclude yourself, you will give up the right to receive any benefits from this Settlement. The deadline is December 7, 2023.
Object To or Comment on the Settlement	You may object to the Settlement by writing to the Court and informing it why you do not think the Settlement should be approved. You can also write the Court to provide comments or reasons why you support the Settlement. If you object, you may also file a Claim Form to receive Settlement benefits, but you will give up the right to sue the Health Net Defendants in a separate lawsuit about the legal claims this Settlement resolves. The deadline is December 7, 2023.
Go to the “Final Fairness” Hearing	You may attend the Final Fairness Hearing where the Court may hear arguments concerning approval of the Settlement. If you wish to speak at the Final Fairness Hearing, you must make a request to do so in your written objection or comment. You are not required to attend the Final Fairness Hearing. Final Fairness Hearing date is January 11, 2024.
Do Nothing	If you do nothing, you will not receive any of the monetary Settlement benefits and you will give up your rights to sue the Health Net Defendants and certain related parties for the claims this Settlement resolves.