The San Diego Superior Court has authorized this Notice. Read it carefully.
This is not a solicitation from a lawyer.
You can get a Pro-Rata Cash Payment and/or Reimbursement of Documented Out-Of-Pocket Expenses because of a Data Security Incident that occurred on October 30, 2020 at Total Vision, LLC.
What is this Notice about? A proposed Settlement has been reached with Defendant Total Vision, LLC ("Total Vision") on behalf of California residents to whom Total Vision sent a direct mail notice of a data security incident that occurred on October 30, 2020 at Total Vision (the "Data Security Incident"). Plaintiffs claim that Total Vision did not adequately protect its patients' or others' information. Total Vision denies any wrongdoing. No judgment or determination of wrongdoing has been made.
Who is included in the Settlement? Records indicate you are included in this Settlement and eligible to receive a cash payment. Settlement Class Members include California residents to whom Total Vision mailed notice of the Data Security Incident.
Subject to final approval by the Court, the Settlement provides that Total Vision will pay the Gross Settlement Amount ("GSA") of $475,000.00 and provides you with the following valuable benefits described below. Cash payments may be reduced pro-rata, depending on the number of Settlement Class Members who participate in the Settlement and the amount of approved claims.
- Pro-Rata Cash Payment You can submit a Claim Form to receive a Pro-Rata Cash Payment. The amount will depend on how many eligible people submit Claim Forms, the amount of approved claims for Documented Out-of-Pocket Expenses paid from the Net Settlement Fund, if any, and other Court-approved amounts to be deducted from the GSA.
- Reimbursement of Documented Out-of-Pocket Expenses — up to $1,000.00 You can submit a Claim Form to receive reimbursement for up to $1,000.00 for documented, out-of-pocket losses or expenditures that are fairly traceable to the Data Security Incident. Claims for Documented Out-of-Pocket Expenses may be reduced pro rata, depending on the amount of approved claims and other Court-approved deductions.
- Business Practice Commitments Total Vision will provide improved data security measures implemented in response to the Litigation and after the Data Security Incident, for a minimum period of two years, valued in excess of $244,000. The costs related to implementation and maintenance are the responsibility of Total Vision separate and apart from the GSA.
You can submit a Claim Form for a Pro-Rata Cash Payment by mail postmarked no later than September 21, 2026, or online at this Settlement website no later than September 21, 2026.
To receive an additional cash payment for Documented Out-of-Pocket Expenses, you must print and complete a Claim Form and mail it with adequate documentation supporting each claimed loss or expense identified on your completed Claim Form to the Settlement Administrator, postmarked no later than September 21, 2026. You may request a Claim Form be mailed to you by contacting the Settlement Administrator. You will automatically benefit from Total Vision's Business Practice Commitments.
Submit Your Claim Form Online →
Settlement Class Members who file a Claim Form, object to the Settlement, or do nothing are choosing to stay in the Settlement Class, will be legally bound by all orders of the Court, and will not be able to start, continue, or be part of any other lawsuit against Defendants relating to the Data Security Incident. If you don't want to be legally bound by the Settlement, you must exclude yourself.
The Court will hold a Final Approval Hearing to consider whether to approve the Settlement and payment of the costs of Settlement administration of up to $100,250.00, service or Incentive Awards of up to $5,000 to each of the two Settlement Class Representatives, and Settlement Class Counsel's fees of up to $158,333.33 and costs, from the GSA. You or your attorney may appear at the Final Approval Hearing, but are not required to do so.
Patrick N. Keegan, Esq.
pkeegan@keeganbaker.com
Tel: (760) 929-9303
Gayle M. Blatt, Esq.
gmb@cglaw.com
Swigart Law Group, APC
Joshua B. Swigart, Esq.
josh@swigartlawgroup.com
Direct all questions about the Claim Form, the Settlement, or your eligibility to the Settlement Administrator.
For more information, visit the Important Documents tab for Court Documents or the Contact Us tab above to obtain information for the Settlement Administrator or Class Counsel for this matter.