Published
September 10, 2026
People sent notice that their personal information was exposed in the cyberattack on Vasindas' Around the Clock Care — the Bakersfield, California in-home care company that looks after aging adults, including clients living with dementia — may qualify to claim a flat $70 with no documentation, or instead up to $2,500 in documented out-of-pocket losses, plus two years of medical identity monitoring either way. Claims close November 23, 2026, and the deadlines to opt out or object fall almost a month earlier, on October 26, 2026.
Current Status
Claims are open. The deadline to file is November 23, 2026, online or postmarked. The deadlines to opt out and to object come earlier, on October 26, 2026, so the choice about whether to stay in the class shuts almost a month before the money does. The Court has set a Final Approval Hearing for December 3, 2026 at 8:30 a.m. Pacific Time in Department T-2 of the Kern County Superior Court in Bakersfield, California, and the settlement has not been approved yet. No payment date has been announced: the Notice says benefits are distributed if the Court grants final approval and after any appeals are resolved. If a notice reached you, it carries the LoginID and PIN you need to open the online claim form, and the separate postcard carries the enrollment code for the medical monitoring.
Status
Claims Open
final approval hearing December 3, 2026 in Bakersfield, California
Claim Deadline
November 23, 2026
online or postmarked · opting out and objecting close earlier, on October 26, 2026
Estimated Payout
$70, or up to $2,500
flat cash with no documentation, or documented out-of-pocket losses instead — one route or the other · two years of CyEx Medical Shield Complete monitoring either way
Proof Required
Yes — ID to file online
no receipts for the $70, but the online claim form opens on a LoginID and PIN screen from the mailed notice · a printed form mailed in is the only way around it
What Changed Recently?
The settlement is newly open to claims. Vasindas' Around the Clock Care, Inc. has agreed to resolve Nelson et al. v. Vasindas' Around the Clock Care, Inc., Case No. BCV-24-102900, in the Superior Court of California for the County of Kern, and the Court has authorized notice to the class. Simpluris, Inc. is administering it, and the claim portal, the long-form notice, the claim form and the settlement agreement are all live on the official settlement website.Vasindas denies the claims and denies any wrongdoing or liability. The Notice states that the Court has made no determination that Vasindas did anything wrong, and that the parties agreed to settle to avoid the costs, risks, disruptions and uncertainties of continuing the litigation. No finding of liability has been made against the company.
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Why an In-Home Dementia and Senior Care Provider Held This Much Data
The Settlement Agreement describes Vasindas' Around the Clock Care, Inc. as a California-based entity that offers home care services to aging adults, to people with acute and chronic illnesses, and to people with disabilities. The company's own published description of its caregivers' skills runs to validation therapy, patient transfers, family communication, transition issues and communicating with dementia patients — the vocabulary of memory care rather than of general housekeeping, and a fair description of what round-the-clock care for an aging parent actually involves.That is also why the files at issue were not a list of names. Managing dementia care inside someone's home means holding the client's Social Security number for payer enrollment, their health insurance details for billing, their home address for scheduling, and a running record of their medical needs. The Notice names those categories directly: names, addresses, Social Security numbers, and medical and health insurance information. The complaint alleged a wider set still, including dates of birth, driver's license or government identification numbers, financial account or payment card information, and billing and claims information.
A dementia diagnosis is not part of the class definition and nobody needs one to file. But the practical shape of this breach is worth naming, because a settlement whose class is drawn from a home care roster is not the same as one drawn from a retail mailing list. The ordinary post-breach advice — read your statements, freeze your credit, question an unfamiliar bill — assumes a person who can do those things. For a household where someone else already handles the mail, the person who has to act on this notice is usually not the person named on it. Our explainer on how data breach class actions work covers what these cases typically pay and what a release costs.
The preliminary approval papers estimate the class at approximately 21,602 individuals — a large number for a single regional home care company, and one that tracks with a client base built over decades rather than a single year's roster.
Who Qualifies?
The Court certified the Settlement Class as all living citizens of the United States who were sent notice that their Personal Information was actually or potentially accessed or compromised in the Data Incident. The class is nationwide rather than California-only, even though the case sits in a Kern County courtroom: what matters is having been sent a notice, not where you live now.Two words in that definition do real work. The first is sent notice — the Settlement Agreement's own definitions section carries a broader version covering anyone whose Personal Information was accessed, but the version the Court certified and the version printed in the Notice both turn on having been sent notice. The administrator built the class list from Vasindas' records, and the LoginID and PIN needed to file online are printed on that mailing, so in practice the notice is the working signal.
The second is living. Neither the Notice nor the Settlement Agreement explains how that applies to someone who received a notice and has since died, or whether an estate may file on their behalf. For a class drawn from an elderly and seriously ill population that is not a hypothetical question, and it is one to put to the Settlement Administrator directly through the official settlement website rather than to guess at.
The Notice excludes from the class: the Judge in the case and the Judge's family and staff; the lawyers in the case and their families and staff; governmental entities; Vasindas and its current or former officers, directors, legal representatives, heirs, successors or assigns, and any entity in which Vasindas holds a controlling interest; anyone who submits a valid request for exclusion before the deadline; and anyone who perpetrated the Data Incident.
How Much Can You Get?
There are three benefits, and only two of them are alternatives to each other:- Alternate Cash Payment — $70. A one-time flat payment. The Notice states you do not have to provide any proof or explanation to claim it. It is claimed instead of a documented-loss claim, not in addition to one.
- Documented Out-of-Pocket Losses — up to $2,500. Actual, documented, unreimbursed losses caused by the Data Incident and incurred between January 30, 2024 and November 23, 2026, supported by proof such as bank statements or receipts.
- Medical Monitoring — two years. CyEx Medical Shield Complete, with $1 million of medical identity theft insurance. It sits alongside whichever cash route you take rather than replacing it.
The cash choice is mutually exclusive. The Notice presents the two options with an "-OR-" between them and describes the Alternate Cash Payment as available instead of any other payments; the Settlement Agreement requires the Claim Form to indicate clearly that a class member is electing it in lieu of a claim for documented losses. So the $70 is worth taking only if your documented, unreimbursed losses since January 30, 2024 come to less than that, and the documented route is worth the paperwork only if they come to more.
The covered expenses are broader than people expect and are worth reading before defaulting to the flat $70. The Notice lists losses because of identity theft or fraud; fees for credit reports, credit monitoring, or freezing and unfreezing your credit; the cost to replace your IDs; and postage to contact banks by mail. Anyone who bought their own monitoring or paid to freeze their credit after the notice arrived already has a documented loss. Expenses already reimbursed by a third party cannot be claimed.
The medical monitoring is the benefit that fits this class best, and it is the one most likely to be left unclaimed. CyEx Medical Shield Complete monitors for healthcare insurance ID exposure, Medical Record Number exposure, and unauthorized Health Savings Account spending, and puts a fraud resolution agent on the line if something surfaces. That is a different product from ordinary credit monitoring, and it is aimed squarely at the risk in a file that held health insurance details: medical identity theft, where someone else's care gets billed to your policy and lands in your records.
There is no common settlement fund and no pro rata reduction. The Notice discloses no total settlement amount, no aggregate cap on either cash option, and the Settlement Agreement says the settlement is administered on a wholly claims-made basis: Vasindas funds the approved claims after the administrator tallies them. Nothing here shrinks because more people file.
One further benefit is described but not quantified. The Settlement Agreement says Vasindas will take or continue enhancements to its cyber security software, data and privacy protocols and technology-related security measures, and will provide Plaintiffs a confidential declaration setting out those measures and their cost on request. The specifics are not public, so no injunctive term here is something a class member can enforce or verify.
What Proof Is Required?
Filing online requires the LoginID and PIN printed on the notice mailed to you. The settlement website says so on the claim form login screen — you must log in with your LoginID and PIN, and both are on the Notice that was sent to you — which is why this page treats the settlement as Proof Required: Yes even though the $70 cash tier asks for no documentation at all.The paper route is looser. The same site hosts a downloadable Claim Form that can be printed, completed and returned by mail with any supporting documentation. That is a real path for someone whose notice went astray, but it is an envelope rather than an open online door, so it does not make this a no-proof settlement. Anyone missing their credentials should request them through the official settlement website.
Past that credential, the documentation burden splits by benefit:
- Medical Monitoring: the enrollment code from the postcard. The Settlement Agreement describes enrollment as automatic and says no formal claim is needed for it.
- Alternate Cash Payment, $70: nothing. The Notice states no proof or explanation is required.
- Out-of-Pocket Losses, up to $2,500: proof such as bank statements or receipts showing how much you spent or lost, and showing that the expense was because of the Data Incident.
The documented tier carries a limit worth reading twice: notes or papers you made yourself are not enough on their own. The Notice says they can explain or support other proof but cannot carry a claim, and the Settlement Agreement puts it the same way, calling self-prepared documents such as handwritten receipts insufficient by themselves. The Claim Form is signed under penalty of perjury, and the administrator may ask for more information before treating a claim as complete — a failure to respond results in the claim being treated as invalid.
The Claim Form also asks how you want to be paid. The choices are PayPal, Venmo, Zelle, a virtual prepaid card, or a physical check mailed to the address on the form. A digital election needs the email address or phone number tied to that account.
When Was the Breach — January 2024 or June 2024?
The settlement documents give two different dates for the same incident, and it is worth knowing which one governs what.- The Notice and the settlement website both describe a targeted cyberattack on Vasindas' computer systems that occurred in January 2024.
- The Settlement Agreement's recitals say Vasindas identified suspicious activity within its network on or around June 18, 2024, and its definition of Data Incident is keyed to that June date.
An attack in January that a company identifies in June is an ordinary enough sequence, and the two statements are not necessarily in conflict. What matters for a claim is that the compensable window starts earlier than either: documented out-of-pocket losses count from January 30, 2024 through November 23, 2026. Anyone whose losses date to early 2024 is inside the window regardless of which date the paperwork treats as the incident.
The litigation history behind the settlement is longer than the single caption suggests. A putative class action was filed in the Kern County Superior Court on August 27, 2024, and a second action followed in the same court on September 20, 2024; the Court consolidated them on April 28, 2026. Vasindas had filed demurrers in both, and the parties agreed to explore a negotiated resolution before those demurrers were heard. A full-day mediation before Bruce Friedman of JAMS on March 30, 2026 did not resolve the case, but negotiations continued afterward and produced this agreement.
What Are the Deadlines?
Unlike many breach settlements, the dates here do not all land on the same day — and the two that come first are the ones people miss:- October 26, 2026 — opt out. A written Request for Exclusion must be postmarked by this date. It must carry the case name and number, your full name, mailing address, telephone number and email address if you have one, your personal signature, and the words "Request for Exclusion" or a clear equivalent. You may exclude only yourself, not another person.
- October 26, 2026 — object. A complete objection must be filed with the Clerk of the Court by this date, with a copy sent to the Settlement Administrator.
- November 23, 2026 — submit a claim. Online through the settlement website, or the completed and signed Claim Form with any supporting documentation postmarked by this date.
- December 3, 2026 — Final Approval Hearing. 8:30 a.m. Pacific Time, Department T-2, Kern County Superior Court, Bakersfield, California.
The four-week gap between the exclusion deadline and the claim deadline is the trap. Someone who reads the notice in early November can still file for the $70, but the decision to leave the class and keep the right to sue on their own is already made for them. Our glossary entry on opting out of a class action covers what that choice trades away. Objecting does not cost you the money — an objector stays in the class and can still file a claim — while opting out means no Settlement benefits at all.
Objecting demands considerably more than an opinion. Beyond the case name and number and your own contact details, the Notice requires a clear description of all your reasons with any legal support; your lawyer's name, bar number and contact information if you have hired one; a list of every other case in which you or your lawyer has objected in the past four years, with courts and civil action numbers; whether either of you wants to speak at the hearing; a full list of any witnesses and documents you intend to bring; and your own written, physical signature, which a lawyer's signature cannot substitute for. One further requirement is newer than most settlement notices: if you or your lawyer used artificial intelligence to research or draft the objection, the Notice requires a description of how it was used.
The medical monitoring carries its own clock, and it is the shortest one on the page. The Settlement Agreement says the monitoring codes are issued 60 days after the Effective Date and should be activated no later than 30 days after issuance. The Notice, meanwhile, says codes have already gone out by postcard and that the subscription becomes active once the Court grants final approval. The two accounts do not line up, and the practical answer is the same either way: keep the postcard, and activate the code as soon as enrollment opens rather than waiting.
How Do You File?
Claims go through the official settlement website, Vasindas Data Settlement.com, administered by Simpluris, Inc. Log in to the claim form with the LoginID and PIN from your notice, then choose your route: the $70 Alternate Cash Payment, or the documented out-of-pocket losses section with your itemized expenses and supporting documents — not both. Then pick a payment method.The medical monitoring is enrolled separately, using the code from the postcard rather than through the claim form, at the CyEx Medical Shield enrollment page linked from the settlement website's FAQ. The subscription becomes active once the Court grants final approval. If the enrollment code has been lost, the settlement website has a request form for it, and it is worth using: the monitoring is the benefit nobody has to trade anything away to get.
If you prefer paper, the same site hosts a downloadable Claim Form that can be printed, completed and returned by mail with any supporting documentation, postmarked by November 23, 2026. Keep a copy of whatever you submit. Filing is free, and class members are not charged for Class Counsel's services. If your contact information changes after you file, tell the administrator through the official settlement website.
One detail worth planning around: settlement checks become void 90 days after they are issued. A class member whose check goes stale has until 180 days after the Effective Date to ask for it to be reissued, and after that window the Settlement Agreement extinguishes the right to the money entirely. For a class that includes people whose mail is handled by someone else, an electronic payment election avoids the most common way this money gets lost.
Who Pays the Fees
Vasindas does, separately from anything class members receive. Class Counsel will ask the Court to approve $260,000 as reasonable attorneys' fees and reimbursement of litigation costs, plus service awards of $2,500 for each of the class representatives, and the Notice states that both amounts will be paid by Vasindas if the Court approves them. Vasindas also pays the entire cost of notice and claims administration. The Court appointed John J. Nelson of Milberg, PLLC and Leigh S. Montgomery of Ellzey Kherkher Sanford Montgomery, LLP as Class Counsel.That structure matters more than it sounds. On a common-fund settlement, fees and service awards come off the top of a fixed pot before any claimant is paid, which is why so many flat payments are published as estimates that shrink later. Nothing here is deducted from what a class member gets: the $70, the documented tier and the monitoring are all funded by Vasindas on top of the fees. The settlement is also not contingent on the fee request — the Settlement Agreement says the remaining provisions stand if the Court awards less than what is asked.
What You Give Up
Staying in the class means you cannot sue Vasindas or the Released Parties over the claims this settlement resolves. The Settlement Agreement defines the Released Claims broadly: every claim, known or unknown, accrued or unaccrued, that was or could have been asserted and that reasonably relates to the facts alleged in the litigation or arises in any way from the Data Incident or from the Released Parties' data security policies and practices. The Released Parties are not just the company: the definition reaches Vasinda Investments, Inc., the two companies' agents, predecessors, successors, parents, subsidiaries and affiliated entities, their officers, employees, attorneys and insurers, and the clients and data owners impacted in the Data Incident.The release expressly covers unknown claims, and class members waive California Civil Code section 1542 and every comparable law elsewhere, along with claims under the California Consumer Privacy Act and the California Unfair Competition Law. In plain terms, a harm you discover in 2029 and trace back to this incident is released now, before you know about it.
Doing nothing does not avoid that release. A class member who never files still gives up those claims and is still bound by every order the Court enters. The only way to keep the right to sue Vasindas individually is to opt out by October 26, 2026 — and doing that forfeits the cash and the monitoring alike. Given that the $70 requires no receipts, doing nothing is the one option with no upside at all.
What Happens Next?
At the December 3, 2026 hearing the Court will decide whether the settlement is fair, reasonable and adequate, will rule on the request for attorneys' fees and costs and on the service awards, and will consider any timely objections. Nobody is required to attend — the Notice says Class Counsel will answer the Court's questions and that a timely objection will be considered whether or not the objector appears. The Notice also warns that the date and time may change without further notice, with any change posted on the settlement website.If approval is granted, the Effective Date arrives 30 days after the Final Approval Order under the settlement timeline, subject to any appeals being resolved. The administrator then provides a final accounting within 15 days of the Effective Date, Vasindas funds the approved claims within 30 days of receiving that invoice, and payments to class members follow no later than 60 days after the Effective Date. No payment date has been announced, and a hearing being held is not the same as approval being granted.
One contingency is worth knowing about. The Settlement Agreement lets Vasindas void the agreement if more than 75 class members submit timely and valid exclusion requests. Against a class estimated at roughly 21,602 people, that is about one third of one percent — a low bar, and it means a coordinated wave of opt-outs could unwind the deal for everyone. If that happens, Vasindas still owes the settlement expenses already incurred, but no class member is paid.
Sources and Verification
• Official settlement website — Vasindas Data Settlement.com• Notice of Proposed Class Action Settlement, Claim Form, Settlement Agreement and Release, and proposed Preliminary Approval Order (PDF)
• Nelson et al. v. Vasindas' Around the Clock Care, Inc., Case No. BCV-24-102900 (Cal. Super. Ct., Kern Cnty.) — Settlement Agreement and Release, executed June 2026
• The settlement website's FAQs, Important Documents, Important Dates and claim form login pages, and its Enrollment Instruction Request page for the CyEx Medical Shield code
• Superior Court of California, County of Kern
• FTC — IdentityTheft.gov recovery steps
• Medicare — reporting fraud and abuse
Questions
Is this a dementia class action?
Not in the sense of a case about dementia care itself. It is a data breach class action against an in-home care company whose clients are largely aging adults, including people living with dementia and Alzheimer's disease. Nobody has to have a dementia diagnosis to qualify, and no medical condition is part of the class definition. What links the two is the data: a provider that manages memory care in someone's home holds Social Security numbers, health insurance details and medical information, and those are the categories the Notice says were in the files.
Do I have to file a claim to get the two years of medical monitoring?
The Settlement Agreement says no and the FAQ on the settlement website says the same: enrollment codes were sent to every Settlement Class Member by postcard, class members are not required to file a formal claim for the monitoring, and they merely need to enroll and activate the service. The one line that cuts the other way is the Notice's answer to what happens if you do nothing, which says you will not receive a benefit from this Settlement. A claim form costs nothing, so filing one and enrolling with the code both is the course that leaves nothing on the table.
Can I take the $70 and also claim documented out-of-pocket losses?
No. The Notice describes the Alternate Cash Payment as available instead of any other payments, and the Settlement Agreement requires the Claim Form to indicate that a class member is electing it in lieu of a claim for documented out-of-pocket losses. The medical monitoring is different: it sits alongside whichever cash route you pick rather than replacing it.
When was the Vasindas data breach, January 2024 or June 2024?
The settlement documents give two different answers and neither is a typo. The Notice and the settlement website both describe a targeted cyberattack on Vasindas' computer systems in January 2024. The Settlement Agreement's recitals say Vasindas identified suspicious activity within its network on or around June 18, 2024, and its definition of Data Incident is keyed to that June date. The claim window reconciles the two in practice: documented out-of-pocket losses are compensable from January 30, 2024 onward, so losses dating to the earlier period are inside the window either way.
What counts as documentation for a claim up to $2,500?
Third-party paper showing what you spent or lost, such as bank statements or receipts. The Notice says notes or papers you made yourself can explain or support other proof but are not enough on their own to make a valid claim, and the Settlement Agreement puts it the same way: self-prepared documents such as handwritten receipts are insufficient by themselves, though they can add clarity to other submitted documentation. Expenses already reimbursed by a third party cannot be claimed.
Could the Vasindas settlement still be called off?
Yes, and the threshold is low relative to the size of the class. The Settlement Agreement lets Vasindas void the agreement if more than 75 people submit timely and valid exclusion requests, out of a class the preliminary approval papers estimate at roughly 21,602 individuals. Either side may also terminate if the Court refuses preliminary or final approval in any material respect. If that happens, no benefits are paid and the case returns to where it stood before the agreement.
What happens to a class member who has died?
The Court certified the class as all living citizens of the United States who were sent notice that their Personal Information was actually or potentially accessed or compromised in the Data Incident. The word living is in the certified definition, and neither the Notice nor the Settlement Agreement explains how it applies to someone who received notice and has since died, or whether an estate may file. That is a real question for a class drawn from a home care population, and it is one the Settlement Administrator should be asked directly through the official settlement website.
Official Settlement Notice
For more class actions keep scrolling below.
Settlement Amount
No fund figure disclosed
administered on a wholly claims-made basis · no aggregate cap or pro rata reduction stated on either cash option · fees up to $260,000, the service awards and all notice and administration costs are paid by Vasindas separately
Case Title
Nelson et al. v. Vasindas' Around the Clock Care, Inc.
Case Number
BCV-24-102900
Court
Superior Court of California, County of Kern
Final Approval Hearing
December 3, 2026 at 8:30 AM Pacific Time
before the Honorable T. Mark Smith, Department T-2, Kern County Superior Court, Bakersfield, California · the date and time may change without further notice
Administrator
Simpluris, Inc.
Official Website
Vasindas Data Settlement
