Medibank Class Action - Omni Bridgeway

I got this email from a group called Omni Bridgeway who is apparently taking over the class action from Slater and Gordon. I don't understand the consequences of participating vs not participating. Does anyone here know?

So far original email:

You are receiving this correspondence because your information was recently provided to us by Slater and Gordon in relation to the Medibank Bank Data Breach Class Action.

On 1 August 2023, the Federal Court of Australia ordered that two class actions against Medibank be consolidated into one set of consolidated proceedings known as Zoe Lee McClure v Medibank Private Limited (ACN 080 890 259) (VID64/2023) (Consolidated Class Action).

Omni Bridgeway is co-funding, along with Balance Legal Capital (Balance), Baker McKenzie (an Australian Partnership) as the Law Firm on the record for the Consolidated Class Action.

If you are a current or former Medibank or ahm customer and have been affected by the data breach which occurred on or about 12 October 2022, you are invited to sign up with Omni Bridgeway as a funded group member.

We are pleased to advise that you can now complete your sign up to obtain Omni Bridgeway's funding for the Consolidated Class Action and see more information online, by registering a new account at Omni Bridgeway Register.

Please find enclosed:
Omni Bridgeway Answers to Questions; and
Omni Bridgeway Conflict and Risk Statement.
Please carefully read:
the Funding Agreement as it sets out the terms and conditions on which Omni Bridgeway has agreed to provide funding for the proceeding. This agreement is available in the Omni Bridgeway portal or by request from the Omni Bridgeway Client Liaison Team; and
the Omni Bridgeway Conflict and Risk Statement which provides information about Omni Bridgeway, our litigation funding agreement and risks, potential conflicts of interests and how they may arise and how to resolve complaints and disputes.

The Consolidated Class Action is being funded by Omni Bridgeway and Balance on a "no win, no pay" basis in accordance with the terms of the Funding Agreement, or any terms that may be imposed by the Court in a common fund order. If the Court makes a common fund order in this case, the Funding Agreement provides that the funding rate applicable to funded group members will be the common fund order percentage. Omni Bridgeway and Balance will not seek a common fund order percentage greater than the rate in the Funding Agreement, that is provided in the circumstance the Court does not make a common fund order.
Omni Bridgeway and Balance offer to meet the costs of the legal proceedings, including any costs that may be awarded to Medibank if the proceedings are lost.
If the proceedings are successfully resolved, Omni Bridgeway and Balance will be entitled to reimbursement of the costs they have expended plus a commission calculated by reference either to the amount of your individual claim (in the case of a global settlement of all claims) or by reference to the amount of any damages the Court may award you.
In summary, there are no "out of pocket" costs for you to pay if the proceeding is resolved successfully as Omni Bridgeway and Balance are only entitled to be paid from what is recovered, as outlined in clause 5 of the Funding Agreement. You do not have to pay anything in the event that your claim is unsuccessful as Omni Bridgeway and Balance agree to pay any legal costs that might be awarded to Medibank in the event that the litigation is unsuccessful.
It is important that you provide us with the correct name of the individual whose data was compromised as part of the data breach.
If you would like to participate in the Medibank Class Action as a client of Omni Bridgeway, please:
Complete and sign the Funding Agreement by registering a new account at Omni Bridgeway Register; or
b. Contact the Omni Bridgeway Client Liaison Team on the information below to obtain a copy of the Omni Bridgeway Funding Agreement.

Please send any relevant disclosure emails, correspondence or Medibank/ ahm notifications (including insurance policy documents) to the Omni Bridgeway Client Liaison Team at [email protected].
If you choose to sign the Omni Bridgeway Funding Agreement, you have a 21-day cooling off period starting from the date you return the Funding Agreement to Omni Bridgeway. If you change your mind during that period, please notify us in accordance with clause 7 of the Funding Agreement that you wish to withdraw from the Funding Agreement.
In accordance with ASIC Regulatory Guide 248, Omni Bridgeway has in place a conflicts management policy. For more information about this policy, please contact Omni Bridgeway or visit Omni Bridgeway's website at www.omnibridgeway.com.
If you have any questions about the Medibank Class Action, please contact Omni Bridgeway's Client Liaison Team on 1800 958 528 (if calling within Australia) or via email at [email protected].

———‐——————————————-

I asked the question: Does that mean that if I don't do anything from now on - and there are winnings for the class action, I will get my fair share?

Response: If you do nothing and you receive the court ordered notice and continue to do nothing, you would be a "court ordered member" meaning you would be included in the proceedings and any settlement. Your costs and commissions from any settlement, would be bound by court order rates rather than the funding agreements.

If you dont believe you will receive a court ordered notice, you can remain as solely a registration of interest with us.


Can anyone make sense of any of this?

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Comments

  • Whatever amount Medibank ends up paying as a result of the class action, they'll just increase premiums to eventually recover it all.

    So in the end….
    The insurer doesn't lose
    The customers will lose out because they'll pay back what they get from the lawsuit in the form of higher premiums
    and the ultimate winners are… surprise, surprise…those damn lawyers!

    • You can always change your provider.

      • Yeah lol this theory doesnt make given there's competition in the market.

        • What do you think happens when one company sees another get away with a price increase? It's regulated in for private health but that's not going to stop them.

          I recently ran this piece of work for one of the major insurers where they had to pay out almost $100 million as compensation. Guess where that money came from?

  • +4

    If you have any questions about the Medibank Class Action, please contact Omni Bridgeway's Client Liaison Team on 1800 958 528

    probably best to call

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