Cause No. DC-24-09642
IF YOUR PRIVATE INFORMATION WAS POTENTIALLY COMPROMISED AS A RESULT OF A DATA INCIDENT REPORTED BY TEXAS RETINA ASSOCIATES IN APRIL 2024, YOU MAY BE ELIGIBLE FOR PAYMENT FROM A CLASS ACTION SETTLEMENT.
A proposed Settlement has been reached in a class action lawsuit known as Covey, et al v. Texas Retina Associates, et al., No. DC-24-09642 (“Lawsuit”), filed in the District Court of Dallas County, Texas, 101st Judicial District. On or about March 27, 2024, the private information of certain individuals was potentially accessible by an unauthorized third-party who gained access to Texas Retina Associates (“Defendant”) systems (the “Data Incident”).
You are a Settlement Class Member if your Private Information was accessed and/or acquired by an unauthorized party as a result of the Data Incident reported by Defendant in April 2024, including those who were sent a notification from Defendant of the Data Incident on or around June 28, 2024.
The Settlement Class specifically excludes: (i) Texas Retina Associates; and (ii) The judge presiding over this case and their staff and family. This Notice explains the nature of the lawsuit and claims being settled, your legal rights, and the benefits to the Settlement Class.
The proposed Settlement will provide the following benefits to Settlement Class Members:
Expense Reimbursement: All Settlement Class Members who submit a Valid Claim using the Claim Form are eligible for the following documented out-of-pocket expenses, not to exceed $4,000 per Settlement Class Member, that were incurred as a result of the Data Incident: (i) unreimbursed bank fees; (ii) long distance phone charges; (iii) cell phone charges (only if charged by the minute); (iv) data charges (only if charged based on the amount of data used); (v) postage; (vi) gasoline for local travel; and (vii) fees for credit reports, credit monitoring, or other identity theft insurance products purchased by Settlement Class Members between March 27, 2024 and November 30, 2026. To receive reimbursement for any of the above-referenced out-of-pocket expenses, Settlement Class Members must submit a valid and timely claim, including necessary supporting documentation, to the Claims Administrator.
Cash Payment: All Settlement Class Members may make a claim for a $45.00 cash payment without the need to document losses incurred as a result of the Data Incident in lieu of any documented loss claims.
Identity Theft Protection: All Settlement Class Members may elect to receive three (3) years of identity theft protection, which will include one credit bureau monitoring and $1,000,000 in identity theft protection insurance. No supporting documentation is necessary to receive this Settlement benefit.
You must complete and file a Claim Form online or by mail postmarked by November 30, 2026, including required Reasonable Documentation if you choose Expense Reimbursement. You can file your claim online here using the Class Member ID and Pin on the Postcard Notice you received. You may also download a paper Claim Form and submit it by mail.
If you are a Settlement Class Member, you have the following options:
| ACTION | EXPLANATION |
| Submit a Claim | You must submit a Valid Claim to get money from this Settlement. Claim Forms must be submitted online by November 30, 2026, if mailed, postmarked no later than November 30, 2026. |
| Exclude Yourself | Get out of the Settlement. Get no money. Keep your rights. This is the only option that allows you to keep your right to sue about the claims in this lawsuit. You will not get any money from the Settlement. Your request to exclude yourself must be postmarked no later than October 30, 2026. See Question 10 of the Notice for more details. |
| File an Objection | Stay in the Settlement but tell the Court why you think the Settlement should not be approved. Objections must be postmarked no later than October 30, 2026. See Question 15 of the Notice for more details. |
| Go to a Hearing | You can ask to speak in Court about the fairness of the Settlement, at your own expense. The Final Fairness Hearing is scheduled for December 3, 2026. See Question 18 of the Notice for more details. |
To understand all your options and how your rights will be affected, as well as the deadlines for action on your part, please read the Long Form Notice.
The Court will hold the Final Fairness Hearing via Zoom on December 3, 2026 at 10:30 A.M. at the George L. Allen, Sr. Courts Building, 600 Commerce Street, 6th Floor West, Dallas, TX 75202. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this website for updated information.
At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class Members, and if it should be approved. If there are valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the award of Attorneys’ Fees, Costs, and Expenses to Class Counsel and the request for a service award to the Class Representative.