Frequently Asked Questions

The Detailed Notice has been posted to this Settlement Website relating to a class action brought against Defendants relating to a Data Incident that occurred between approximately July 22, 2021, to August 3, 2021, and from December 22, 2020, to July 15, 2021, in which Defendants’ computer systems were infiltrated by unauthorized individuals and the Personal Information of patients was potentially compromised.

The Court approved this Settlement Website because Class Members have a right to know about the proposed class action Settlement, and about their options, before the Court decides whether to approve the Settlement. This website explains the Lawsuit, the Settlement, Class Members’ legal rights, what benefits are available, and how to claim those benefits.

The Court in charge of the case is the State of New Mexico County of Bernalillo Second Judicial District Court, and the case is known as Andreoni v. Radiology Associates of Albuquerque, P.A. d/b/a RAA Imaging; and Advanced Imaging, LLC d/b/a High Resolution. The person who sued is called the Plaintiff or Class Representative, and the companies he sued are called the Defendants.

The Lawsuit claims that the Defendants failed to properly safeguard the Personal Information that Plaintiff alleges was compromised in the Data Incident. Defendants contend that they acted in accordance with applicable law and that they have no liability or fault relating to the Data Incident. 

The Settlement provides for a number of benefits, and Class Members can claim as many of the benefits to which they are entitled. These benefits are available because Defendant has agreed to pay $3,080,475 into a Settlement Fund.

First, Class Members may submit a claim to receive, at no cost, three years of 3-credit-bureau credit monitoring and identity theft protection services (including $1,000,000 in identity theft insurance).

Second, Class Members who suffered an out-of-pocket loss or Lost Time related to the Data Incident may submit a claim for a cash reimbursement. Defendants will pay valid claims for Ordinary Losses (up to $400), Lost Time (at $20/hour up to 4 hours), and Extraordinary Losses (up to $4,000) that a Class Member experienced fairly traceable to the Data Incident. These categories are explained in detail on the Claim Form.

In addition, you may elect to receive a Cash Payment estimated to be $80 (subject to increase or decrease based on the total Net Settlement Funds remaining after payment of all other claim types). The Cash Payment will be calculated as each claimant’s pro rata amount of the monies left in the Net Settlement Fund after deducting the costs for paying for the credit monitoring described above and paying valid claims for Ordinary Losses, Extraordinary Losses, and Lost Time.

To receive any of the cash benefits or the identity theft protection services available from the Settlement, you must submit a claim using the Claim Form, which may be obtained here or by calling (833) 462-3506.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you do not want a payment from this Settlement or the other benefits described here, but you want to keep the right to sue or continue to sue the Defendants on your own about the legal issues in this case, then you must take steps to get out. This is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement.

To exclude yourself from this Settlement, you must send a letter by mail saying that you want to opt-out or be excluded from Andreoni v. Radiology Associates of Albuquerque, P.A. d/b/a RAA Imaging; and Advanced Imaging, LLC d/b/a High Resolution. The letter must include your name, address, telephone number, and your signature. You must mail your exclusion request postmarked no later than May 1, 2024 to: 

The Court appointed the law firms of Osten & Harrison, PLC; Stranch, Jennings & Garvey, PLLC; Turke & Strauss, LLP; and Cohen & Malad, LLP to represent you and other Class Members. Together, the lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

OBJECTING TO THE SETTLEMENT

You can tell the Court that you don’t agree with the Settlement or some part of it.

If you’re a Class Member, you can object to the Settlement if you don’t like any part of it. To object, you must send a letter to the Settlement Administrator saying that you object to the Settlement, or part of it, in Andreoni v. Radiology Associates of Albuquerque, P.A. d/b/a RAA Imaging; and Advanced Imaging, LLC d/b/a High Resolution. To have your objection considered by the Court, you also must file your objection with the Clerk of the Court (identified below).  You must state the reasons for your objection and include any evidence, briefs, motions or other materials you intend to offer in support of the objection. You must include your name, address, telephone number, your signature, and the reasons you object to the Settlement, along with any materials in support of your arguments. If you intend to appear at the Final Approval Hearing either yourself or by a lawyer, you must also state your intention to appear. You must also mail the objection to the Settlement Administrator at the following address no later than May 1, 2024:

THE COURT’S FINAL APPROVAL HEARING

The Court will hold a hearing to decide whether to approve the Settlement. You do not need to attend, but you are welcome to do so, if you choose.

The Court will hold a Final Approval Hearing at 3:00 p.m. on May 7, 2024, on Zoom (please check this Settlement Website for updates on the hearing). At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing and complied with FAQ 18 of this Settlement Website. The Court may also decide how much to pay Class Counsel and the Class Representative. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.