A settlement has been agreed to resolve class action litigation related to a data breach at Total Vision LLC, and the settlement has received preliminary approval from the court.
Total Vision LLC owns a network of optometry centers located in California. The litigation relates to a hacking incident that occurred on or around October 30, 2020, when hackers accessed a database server containing patient information. The information on the server included names, addresses, birth dates, Social Security numbers, and prescription details. The data breach report submitted to the U.S. Department of Health and Human Services Office for Civil Rights indicated that 138,402 current and former patients were affected.
Class Action Litigation
Two class action lawsuits were filed by class representatives Anjanette Ramey and Jane Doe, in connection with the data breach and were later consolidated into a single complaint titled Ramey, et al. v. Total Vision, LLC, et al. in the Superior Court of California, County of San Diego. Total Vision LLC, John C. Pack, O.D., and Beverly Bianes, O.D., Inc., and John C. Pack, O.D., and Beverly Bianes, O.D. were the named defendants of the complaint.
The plaintiffs alleged that the data breach resulted from the defendants’ negligence, failing to properly secure the server and protect patient information. The plaintiffs also alleged that adequate breach notifications in compliance with HIPAA laws were not provided following the security incident.
According to the allegations in the lawsuit, class members experienced multiple instances of attempted data misuse and identity theft following the breach. The complaint asserted claims for breach of implied contract, negligence, violations of the Confidentiality of Medical Information Act, violations of California’s unfair competition law, and violations of California security notification laws.
The defendants denied the allegations, wrongdoing, and liability.
Settlement Terms
The parties participated in mediation on November 21, 2023. During the mediation process, the parties agreed to settlement terms that have now been finalized.
Under the settlement, the defendants have agreed to establish a settlement fund totaling $475,000. Funds from the settlement amount will be used to cover attorneys’ fees and expenses, service awards for the class representatives, and settlement administration and notification costs. Remaining funds will be available for class member benefits.
Class members may submit claims for reimbursement of documented and unreimbursed losses related to the data breach up to $1,000 each. They may also submit claims for a pro rata cash payment. The amount of cash payment will depend on the number of valid claims submitted and approved.
The defendants also agreed to implement data security improvements. The value of those measures is stated as $224,000.
Settlement Deadlines
Class members who wish to exclude themselves from the settlement or submit objections must do so by September 4, 2026. The deadline for submitting claims is October 5, 2026. A final fairness hearing is scheduled for December 18, 2026.
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