On October 24, 2022, Judge May granted Final Approval on settlement terms Mason LLP negotiated with AspenPointe, Inc, a Colorado non-profit corporation. This settlement is related to a cyber-attack that occurred against AspenPointe. The cyberattackers were able to retrieve certain information from AspenPointe’s database containing personal identifying information (“PII”) and protected health information (“PHI”) of certain individuals. Counsel from Mason LLP spent time in lengthy negotiations with Counsel for AspenPointe to reach a fair settlement agreement for individuals affected by this data breach. Mason LLP successfully reached an agreement on behalf of Plaintiffs and Class members with AspenPointe’s defense counsel and final approval has been granted.
The Settlement Agreement terms include:
- A process for Settlement Class Members to submit claims for compensation of up to $500 per Class Member in Ordinary Expense Reimbursements and Lost Time, and up to $4,500 per Class Member in Extraordinary Expense Reimbursements, all of which will be evaluated by the Court-approved Claims Administrator.
- A process for Settlement Class Members to submit claims for enrollment in 24-months of credit monitoring services.
- Equitable relief in the form of data security enhancements designed to better protect Settlement Class Members’ PII and PHI.
- Defendant to pay all Notice and Settlement Claims Administration costs.
- Defendant to pay a Court-approved amount for attorneys’ fees, costs, and expenses of Settlement Class Counsel of $412,500.
- Defendant to pay a Service Award of $2,500 to each of the three named Class Representatives.