The Delta Dental Portal Settlement Is Worth $12.67 Million and Pays You $16.50 — a Flat Rate That Cannot Rise No Matter How Few People Claim
Most settlement funds split what is left among whoever files, so a low claim rate means a bigger check. This one does not work that way. The official FAQ calls the $12,670,284 a “Settlement Benefit Cap” and fixes each payment at $16.50, a number that only moves down. It would take roughly 616,000 claims to spend the fund — and about 151,000 before the class collectively out-earns the requested legal fee.
By Settlement Insight Data Desk ·
What the case is, and who is in it
The settlement is Michael Feeler v. Wyssta Services, Inc., Case No. 2026LA000050, in the Circuit Court of Sangamon County, Illinois. Wyssta operates my.deltadentalcoversme.com, the online portal for certain Delta Dental plan members. The suit alleged that Wyssta violated the Electronic Communications Privacy Act and the Illinois Eavesdropping Statute by installing “advertising and analytics tracking technologies, such as cookies and pixels” on that portal without users' knowledge or consent. Wyssta denies the allegations and all liability, and the court has made no determination of wrongdoing.
The class is precise and broad at once: “a natural person in the United States who, between January 23, 2021, and January 23, 2025, held an account on the online healthcare portal located at: https://my.deltadentalcoversme.com.” Holding the account is the qualifying act — there is no requirement to show harm, a diagnosis, or a particular transaction.
One structural note that separates this case from the hospital pixel wave: the defendant is the vendor that runs the portal, not the insurer whose name is on the door. That is also why searches for “deltadentalcoversme” rarely surface the case name people actually need.
The flat-rate structure — and why it is the opposite of most settlements
Here is the language that decides everything, quoted from the official FAQ:
“If approved by the Court, the Defendant has agreed to pay up to approximately $12,670,284 as a Settlement Fund. The Settlement Fund will be used to pay up to $16.50 to each Settlement Class Member who submits a valid Claim Form, as well as Notice and Settlement Administration Costs, attorneys' fees, costs, and expenses incurred by Class Counsel, and a Service Award…”
And the mechanism, verbatim: “Each Settlement Class Member who submits a valid Claim Form will be entitled to a $16.50 cash payment, unless the number of Valid Claims exceeds the balance of the Settlement Fund after payment of the above costs, fees, and award (the ‘Net Settlement Benefit Cap’), in which case the amount… will be reduced pro rata.”
Read that twice, because it inverts the usual advice. In a conventional common-fund settlement — Duke's MyChart case, for instance — the entire net fund is divided among claimants, so fewer claims mean a larger check. Here, $16.50 is a ceiling with no floor beneath it and no upside above it. If only a handful of people claim, they each still get $16.50. The pro rata clause is one-directional: it can only cut your payment, never raise it.
The word doing the heaviest lifting is “up to” in “agreed to pay up to approximately $12,670,284,” reinforced by the FAQ's own name for that number: a cap, not a fund that must be emptied. The FAQ published on the settlement website does not state what becomes of the difference if claims fall short of the cap, and we are not going to guess — but nothing in it commits the defendant to paying the headline figure.
The arithmetic the headline number hides
Class Counsel's request is disclosed and unusually specific: “attorneys' fees and costs not to exceed $2,500,000 (approximately 19.74% of the Settlement Benefit Cap), and a Service Award of $3,000 for the named Representative Plaintiff.”
A 19.74% fee request reads as restrained next to the 33% sought in the Duke and MemorialCare portal cases. But the percentage is measured against the cap — a number that is only reached if enough people file. Two figures follow directly, and this arithmetic is ours, not the administrator's:
- After the $2,500,000 fee request and the $3,000 service award, roughly $10.17 million would remain under the cap. At $16.50 apiece that funds about 616,000 claims — the participation level required before anyone's payment gets reduced at all, and before the cap is actually spent.
- The requested fee equals the class's total cash at about 151,500 claims ($2,500,000 ÷ $16.50). Below that participation level, the amount going to Class Counsel exceeds the amount going to every class member combined.
Neither figure is an accusation; fee awards are set by the court, and the judge will weigh exactly this at the September 9 hearing. But it is the reason the “$12.67 million settlement” framing in most coverage is misleading in a way that matters to a reader deciding whether to spend four minutes on a claim form. The honest description is: a $16.50 settlement with a $12.67 million ceiling.
Which is not an argument against filing. $16.50 for a few minutes is a fine hourly rate, and unlike a pro rata case, you do not need to hope others stay away.
Every deadline is the same day — August 20
Unusually, this settlement collapses all three deadlines onto one date. Per the official Important Dates panel, the claim, opt-out and objection deadlines are all Thursday, August 20, 2026. Claims must be “submitted online no later than Thursday, August 20, 2026,” or mailed and postmarked by that date; opt-out notices and objections must likewise be postmarked by then.
That alignment is a small mercy compared with the hospital pixel cases, where the right to object or opt out typically expires weeks or months before the money deadline — Duke's closed a month early, MemorialCare's five weeks early. Here, if you decide on August 19 that $16.50 is not worth releasing your claims for, you can still walk away and keep them. That option is genuinely open until the same hour the claim window shuts.
The Final Approval Hearing is Wednesday, September 9, 2026, at 1:00 p.m. Payment follows final approval and any appeal, not the claim deadline. The administrator is Kroll Settlement Administration, reachable at (833) 930-1183, and the court-authorized site is wysstaservicesclassaction.com.
The Data Behind This Story
- Case
- Michael Feeler v. Wyssta Services, Inc., No. 2026LA000050 (Cir. Ct. Sangamon County, Ill.)
- Settlement Benefit Cap
- “Up to approximately $12,670,284” — the FAQ's own wording
- Payment per claimant
- Flat $16.50 — reduced pro rata only if claims exceed the net cap; never increased
- Who qualifies
- U.S. account holders at my.deltadentalcoversme.com, January 23, 2021 – January 23, 2025
- Claims / opt-out / objection
- All three: August 20, 2026
- Attorneys' fees requested
- Up to $2,500,000 — “approximately 19.74% of the Settlement Benefit Cap”
- Service award
- $3,000
- Claims to exhaust the net cap
- ~616,000 at $16.50 (our arithmetic)
- Claims where class cash equals the fee request
- ~151,500 (our arithmetic)
- Final approval hearing
- September 9, 2026, 1:00 p.m.
- Administrator
- Kroll Settlement Administration — (833) 930-1183
- Source: wysstaservicesclassaction.com — court-authorized settlement website. Homepage and full FAQ (questions expanded individually) retrieved August 15, 2026. Verbatim FAQ 7: “the Defendant has agreed to pay up to approximately $12,670,284 as a Settlement Fund. The Settlement Fund will be used to pay up to $16.50 to each Settlement Class Member who submits a valid Claim Form…” and “Each Settlement Class Member who submits a valid Claim Form will be entitled to a $16.50 cash payment, unless the number of Valid Claims exceeds the balance of the Settlement Fund after payment of the above costs, fees, and award (the ‘Net Settlement Benefit Cap’), in which case the amount of each Settlement Class Member Payment will be reduced pro rata (proportionally).” Verbatim FAQ 14: “Class Counsel will request payment of attorneys’ fees and costs not to exceed $2,500,000 (approximately 19.74% of the Settlement Benefit Cap), and a Service Award of $3,000 for the named Representative Plaintiff.” Class definition, all three August 20, 2026 deadlines and the September 9, 2026, 1:00 p.m. Final Approval Hearing taken from the site's Important Dates panel.
- Source: Court-authorized class notice distributed via PR Newswire (“Did you hold an account at my.deltadentalcoversme.com…”) — independently confirms the $12,670,284 fund, the “up to $16.50” payment, the $2,500,000 fee-and-expense request, the $3,000 service award and the August 20 / September 9 dates.
- Source: The ~616,000 and ~151,500 claim thresholds are Settlement Insight's own arithmetic from the disclosed cap, fee request and service award. Notice and administration costs also come out of the fund and are not published, so the 616,000 figure is an upper bound.
- Source: Fee-percentage comparison with the Duke (33%) and MemorialCare (33.3%) portal settlements computed from those cases' own published figures; see our coverage of each.
- Source: The settlement website's FAQ does not state what happens to any portion of the cap not paid out; no reversion claim is made here.
Journalists: these figures are free to cite with attribution to Settlement Insight. Custom data pulls: press@settlementinsight.com.