Frequently Asked Questions

The Court authorized this Notice because you have a right to know about the Settlement, and all of your options, before the Court decides whether to give "Final Approval" to the Settlement. This website explains the nature of the lawsuit that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

Judge Carroll Michelle Brinegar of the Eighth Judicial District for Larimer County, Colorado is overseeing this case captioned as Tormaschy, et al. v. Panorama Eye Care, LLC, Case No. 2024-CV-30509. The people who brought the lawsuit are called the Plaintiffs. The company being sued, Panorama Eye Care, LLC, is called the Defendant.

Plaintiffs filed this lawsuit against Defendant, individually, and on behalf of anyone whose Private Information was potentially accessed as a result of the Data Security Incident.

The lawsuit alleges that between May 22, 2023, and June 4, 2023, Panorama detected unusual activity in its computer systems and discovered that an unauthorized third party had accessed Panorama's network and certain system files (the "Data Security Incident"), which potentially exposed Private Information contained in the file system, including names, Social Security numbers, financial information, and other information.

Defendant denies these claims and denies any wrongdoing or liability. No court or other judicial entity has made any judgment or other determination that Defendant has any liability on these claims or did anything wrong.

In a class action, one or more people called Class Representatives sue on behalf of all people who have similar claims.  Together, all of these people are called a class, and the individuals are called Settlement Class Members.  One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the class.

The Court has not decided in favor of the Plaintiffs or Defendant.  Instead, both sides agreed to the Settlement.  The Settlement avoids the cost and risk of further litigation or trial.  The Class Representatives, Defendant, and their attorneys believe that the Settlement is fair, reasonable, and adequate, and in the best interest of the Settlement Class Members.

You are included in the lawsuit as a Settlement Class Member if you received a notification from Panorama, dated on or around June 5, 2024, stating that your Private Information may have been exposed by the Data Security Incident.

Only Settlement Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Class are: (a) all persons who are governing board members of the Defendant; (b) governmental entities; (c) the Court, the Court's immediate family, and Court staff; and (d) persons who validly and timely exclude themselves from the Class.

If you are not sure whether you are included in the Settlement, you may call 1 (833) 627-3288 with questions.  You may also write with questions to:

Tormaschy, et al. v. Panorama Eye Care Settlement 

c/o Kroll Settlement Administration LLC 

P.O. Box 225391

New York, NY 10150-5391

The Settlement provides that Defendant will fund a total of $1,700,000 to pay for: (a) up to $5,000.00 for reimbursement of your documented losses reasonably traceable to the Data Security Incident; or (b) a pro rata Cash Payment estimated to be $125.00 and you can also make a Claim for Credit Monitoring for two years with three bureaus: Experian, Equifax, and TransUnion. The Defendant will also pay for Attorneys' Fees and Costs, Settlement Administration Costs and Service Awards.

After the distribution of Attorneys' Fees and Costs, Settlement Administration Costs and Service Awards, the Settlement Administrator will pay all Valid Claims for Credit Monitoring and then for Cash Payments for documented losses.  It will then make a pro rata distribution of the Cash Payments to Claimants, any pro rata increases or decreases to Cash Payment will be on an equal percentage basis.

Class Members who submit a Claim are eligible to receive:

a) Reimbursement of documented losses resulting from the Data Security Incident (up to $5,000.00 in total), such as:

• unreimbursed losses relating to fraud or identity theft;
• fraudulent bank or credit card charges;
• tax filings;
• opening of bank and/or credit accounts;
• professional fees including attorneys' fees, accountants' fees, and fees for credit repair services;
• costs associates with freezing or unfreezing credit with any credit reporting agency;
• Unemployment filings, and
• Other fraudulent actions taken using your information from the Data Security Incident.

OR

b) A Cash Payment, which is estimated to be $125.00 but may be adjusted upward or downward.

AND

c) Credit Monitoring: You can also make a Claim for Credit Monitoring for two years with three bureaus: Experian, Equifax, and TransUnion.  Plaintiffs value this benefit at $90.00 per year per Settlement Class Member.

To receive a benefit under the Settlement, you must complete and submit a Claim for that benefit (a "Claim").  Every Claim must be made on a form ("Claim Form") available on this website, or by calling 1 (833) 627-3288. Read the instructions carefully, fill out the Claim Form, provide the required documentation, and submit it according to the instructions on the Claim Form.

The Settlement Administrator will decide whether and to what extent any Claim made on each Claim Form is valid. The Settlement Administrator may require additional information. If a Settlement Class Member does not submit reasonable documentation supporting a documented loss payment claim, or if a Settlement Class Member's claim for a documented loss payment is rejected by the Settlement Administrator for any reason, and the Settlement Class Member fails to cure his or her claim, the claim will be rejected and the Settlement Class Member's Claim will instead be automatically placed into the Cash Payment category. If you do not provide the additional information in a timely manner, the Claim will be considered invalid and will not be paid.

If you are eligible for Medicare benefits AND you are making a Claim in this Settlement for documented out-of-pocket losses that are also subject to Medicare reimbursement, then the Defendant or its insurer may have an obligation to report your Settlement benefits to Medicare. If you are not eligible for Medicare benefits or are not making a Claim for documented losses that are subject to Medicare reimbursement, then you do not need to check this box on the Claim Form. If you are unsure whether you should check this box on the Claim Form, please contact the Settlement Administrator at 1 (833) 627-3288 for more help.

The Court will hold a hearing on April 1, 2025, at 8:30 a.m. MT to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving them can take time, perhaps more than a year.  It also takes time for all the Claim Forms to be processed.  Please be patient.

If you stay in the Settlement, you may submit a Claim to receive benefits, but you will not be able to sue the Released Parties for any claims related to the Data Incident ("Released Claims").  These Releases are described in the Settlement Agreement, which is available on the Documents Page of this website.  If you have any questions, you can talk to the law firms listed in Question 17 for free or you can talk to your own lawyer.

No. If you exclude yourself, you will not be entitled to receive any benefits from the Settlement, but you will not be bound by any judgement in this case.

No.  Unless you exclude yourself, you give up any right to the Released Parties for the Released Claims.  You must exclude yourself from the Class to start your own lawsuit or to be part of any different lawsuit relating to the claims released in this case.  If you exclude yourself, do not submit a Claim Form to ask for any benefit under the Settlement.

To exclude yourself, you must send a timely letter that says you want to be excluded from the Settlement in Tormaschy, et al. v. Panorama Eye Care, LLC, Case No. 2024-CV-30509, in the Eighth Judicial District Court for Larimer County, Colorado.  The letter should state your full name, address, telephone number, and email address; and must (a) be individually and originally signed by you; and (b) clearly manifest your intent to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement.  You must send your Opt-Out request to the Settlement Administrator at:

Tormaschy, et al. v. Panorama Eye Care Settlement 

c/o Kroll Settlement Administration LLC 

P.O. Box 225391

New York, NY 10150-5391

Instructions on how to submit an Opt-Out are available on this website or from the Settlement Administrator by calling 1 (833) 627-3288.

You can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. The Court will consider your views in its decision whether to approve the Settlement. To object, you must mail your objection to the Clerk of the Court, Class Counsel, Defendant's Counsel, and the Settlement Administrator at the mailing addresses listed below, postmarked by no later than the objection deadline, March 3, 2025:

Your objection must be written and include all of the following: (i) your full name, mailing address, telephone number, and email address; (ii) the case name and docket number, Tormaschy, et al. v. Panorama Eye Care, LLC, Case No. 2024-CV-30509, in the Eighth Judicial District Court for Larimer County, Colorado; (iii) the number of times you have objected to a class action settlement within the last five (5) years, the caption of each case in which you made an objection, and a copy of any orders related to or ruling upon your prior objections that were issues by the trial and appellate courts in each listed case; (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection you or your counsel believe is applicable; (v) the identity of any and all counsel representing you in connection with the objection, as well as the number of times in which they have objected to a class action settlement in the last five (5) years, the caption of each case in which they or their firm has made such objection, any any copy of any orders related to or ruling upon theirs or their law firm's prior objections that were issued by the trial and appellate courts in each listed case; (vi) a statement confirming whether you and/or your counsel (if you have counsel) will appear at the Final Approval Hearing; (vii) a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any); (viii) any and all agreements that relate to the objection or the process of objecting - whether written or oral - between objector or objector's counsel and any other person or entity; and (ix) your signature.

Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you are a Class Member.  Excluding yourself is telling the Court that you do not want to be part of the Class and do not want to receive any payment from the Settlement.  If you exclude yourself, you have no basis to object because you are no longer a member of the Class, and the case no longer affects you.  If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed Jeff Ostrow of KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT, One West Las Olas Blvd., Suite 500, Fort Lauderdale, FL 33301, Nickolas J. Hagman of CAFFERTY CLOBES MERIWETHER & SPRENGEL, LLC, 135 S. LaSalle, Suite 3210, Chicago, IL 60603, A Brooke Murphy of MURPHY LAW FIRM, 4116 Will Rogers Pkwy, Suite 700, Oklahoma City, OK 73108, Tyler Bean of SIRI & GLIMSTAD, LLC, 745 Fifth Avenue, Suite 500, New York, NY 10151, and Charles E. Schaffer of LEVIN SEDRAN & BERMAN LLP, 510 Walnut Street, Suite 500, Philadelphia, PA 19106 as Class Counsel, to represent the Class in settlement negotiations.  If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court for an award for attorneys' fees and Costs of up to $566,610.00. Defendant has agreed to pay any award of attorneys' fees and costs up to those amounts, to the extent approved by the Court.  This payment for attorneys' fees will be made out of the Settlement Fund. Any such award would compensate Settlement Class Counsel for their time and expenses prosecuting this case, including investigating the facts, litigating the case, and negotiating the settlement and will be the only payment to them for their efforts in achieving this settlement and for their risk in undertaking this representation on a wholly contingent basis.

Class Counsel will also ask the Court for a Service Award up to $2,500.00 for each Class Representative.

Any award for attorneys' fees and costs for Class Counsel, and for Service Awards to the Class Representatives, must be approved by the Court. The Court may award less than the amount requested.  Class Counsel's papers in support of Final Approval of the Settlement will be filed no later than February 17, 2025, and their Application for Attorneys' Fees, Costs, and Service Awards will be filed no later than February 17, 2025, and will be posted on this website.

The Court will hold a Final Approval Hearing at 8:30 a.m. MT on April 1, 2025, at the Eighth Judicial District Court for Larimer County, Colorado, 201 LaPorte Ave., Suite 100, Fort Collins, CO 80520.  At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made.  The Court will also rule on the request for an award of attorneys' fees and costs, as well as the request for Service Awards for the Class Representatives.  After the hearing the Court will decide whether to approve the settlement.  We do not know how long these decisions will take. The hearing may be moved to a different date or time or conducted via remote means without additional notice, so Class Counsel recommend checking this website or calling 1 (833) 627-3288.

No. Class Counsel will present the Settlement Agreement to the Court.  You or your own lawyer are welcome to attend at your own expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in FAQ 17, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing.  To do so, you must file an objection according to the instructions in FAQ 17, including all the information required. Your objection must be mailed to the Clerk of the Court, Class Counsel, Defendant's Counsel, and the Settlement Administrator postmarked no later than March 3, 2025.

If you do nothing you will not get any money from this settlement.  If the settlement is granted, the Final Approval and the Judgment becomes Final, and you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Released Parties based on any of the Released Claims, ever again.

This website summarizes the proposed settlement.  More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available on the Documents page. You may also call the Settlement Administrator with questions or to get a Claim Form at 1 (833) 627-3288. You can also file a Claim on this website.

You may fill out a form on the Contact Us section of this website to inform the Settlement Administrator your address has changed. You may also call the Settlement Administrator at 1 (833) 627-3288.