in Newswire Published on August 8, 2023

Class Action Says DaVita.com Visitors’ Private Data Secretly Passed to Facebook, Other Third Parties [UPDATE]

Last Updated on September 23, 2024

Doe v. DaVita, Inc.

Filed: August 3, 2023 ◆§ 3:23-cv-01424-AJB-BLM

A class action lawsuit claims dialysis services provider DaVita has unlawfully shared website visitors’ personal data with third parties, including Facebook, without consent.

Defendant(s)

DaVita, Inc.

Law(s)

California Invasion of Privacy Act California Unfair Competition Law California Confidentiality Of Medical Information Act

State(s)

California

September 23, 2024 – DaVita Settlement Website Is Live

DaVita has agreed to resolve a lawsuit similar to the one detailed on this page with a $3.8 million settlement that will provide cash payments and privacy monitoring for more than 600,000 people.

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The official DaVita settlement website, DVAPixelSettlement.com, states that the settlement will cover DaVita patients who were treated at one of the company’s U.S. clinics and visited any of DaVita’s websites or apps between November 20, 2017 and September 21, 2023.

Consumers covered by the DaVita settlement, which received the court’s preliminary approval on July 7, 2024, can submit a claim form online here. To file a DaVita claim form, you’ll need to provide your class member ID, which can be found on the postcard settlement notice you should have received in the mail.

The deadline to submit a DaVita settlement claim form is December 4, 2024.

Class members who file a valid claim will be eligible to receive a pro-rated cash payment from the $3.8 million settlement fund. The amount of each payment per person will depend on how many people file valid claims, among several other factors, according to the settlement website.

Those who file claims will also receive one year of Privacy Shield, a data protection and monitoring service.

According to the settlement website, class members will receive their DaVita payouts and information about how to activate their Privacy Shield benefits after the settlement receives final approval from the court, a hearing for which has been scheduled for December 16, 2024.

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.

A proposed class action lawsuit claims dialysis services provider DaVita has unlawfully shared website visitors’ personal data with third parties, including Facebook, without consent.

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According to the 61-page lawsuit, DaVita has installed on its website the Meta pixel and Facebook’s Conversions application programming interface (API), which are tools businesses can embed into their websites to allow the social media company to track visitors’ activity in real time as they interact with the pages.

Through the use of the Meta pixel and Conversions API, DaVita secretly shares with Facebook every move visitors make on DaVita.com, including the buttons they click, search queries, pages viewed, IP addresses and more, the case contends.

The complaint also claims that DaVita utilizes additional tracking tools, such as Google Analytics and Google Tag Manager, to disclose users’ personal information to Google and other third parties.

As the filing tells it, when a patient visits DaVita.com—where they can search for a specialist, find facility locations, research medical treatments and services and pay bills—the tracking tools collect and share with third parties the visitor’s confidential information, including the type of medical treatment sought, their health condition, demographic data, contact details, birth date, insurance provider information and more.

The Facebook tracking tools also disclose a visitor’s Facebook ID—a unique identifier that can be used to locate an individual’s social media profile, the lawsuit explains. By sharing a person’s Facebook ID, DaVita thereby shares enough data to link a user’s identity to their online communications and activity, the suit notes.

“This is precisely the type of information that [the Health Insurance Portability and Accountability Act] requires healthcare providers to anonymize to protect the privacy of patients,” the case states. “[The plaintiff’s] and Class Members [sic] identities can easily be determined based on their Facebook ID, IP address, digital fingerprint, or reverse lookup from the collection of other identifying information that was improperly disclosed.”

The plaintiff, a California resident, says she has used DaVita.com in the past to find dialysis locations, research types of treatment and communicate with health professionals about her medical care. While doing so, the woman had her private data unlawfully captured and disclosed to third parties without her knowledge or consent, the complaint alleges.

The lawsuit looks to represent any California residents who, during the applicable statute of limitations period, were patients of DaVita and used DaVita.com.

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