Settlement Status

The class action lawsuit concerns the June 2021 data breach of Electromed, Inc. (“Electromed” or “Defendant”) in which it was determined that an unauthorized third party gained access to certain Electromed’s files containing sensitive personal information of its customers, employees, and some third-party contractors. Electromed denies that it did anything wrong and disputes that it has any liability, but has agreed to settle the lawsuit on a class wide basis.

To be eligible to make a claim, you must have received a notice letter of the Electromed data breach that occurred in June 2021.

Eligible claimants under the Settlement Agreement will receive $30 (non-California claimants) or $100 (California claimants) or the actual amount of unreimbursed ordinary losses up to $250 with supporting documentation or up to $5,000 of extraordinary losses with adequate documentation to prove the monetary losses – whichever is greater.

The Court still will have to decide whether the approve the Settlement. Payments to class members will be made if the Court approves the Settlement and after any possible appeals are resolved.

If you are a Class Member, these are the options under the Settlement:

  • Submit a Claim by April 1, 2023
    • The only way to receive payment. 
  • Exclude Yourself by Opting Out of the Class by March 2, 2023
    • You can write the Court about why you agree or disagree with the Settlement. The Court cannot order a different settlement. You can also ask to speak to the Court at the Final Approval Hearing on March 2, 2023 about the fairness of the Settlement, with or without your own attorney.
  • Do Nothing
    • Receive no payment. Give up rights if you are a class member.