Class Action Says Ivy Fertility, San Diego Fertility Center Share Website Visitors’ Data with Facebook

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A proposed class action claims San Diego Fertility Center (SDFC) Medical Group and Ivy Fertility Services have secretly disclosed website visitors’ private data to third parties, including Facebook, without consent.

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The 101-page lawsuit alleges that Ivy Fertility, a nationwide network of fertility clinics, has knowingly embedded invisible tracking technology into many, if not all, of the websites used by its numerous locations, including those of co-defendant SDFC. According to the suit, the tracking tools capture and share users’ personal information and online communications with unauthorized third parties, which then use the data for targeted advertising purposes.

Per the case, the tracking technology—which includes at least Facebook’s Meta pixel and Conversions API—is designed to intercept and record a visitor’s every movement on a website in real time. By intentionally utilizing these tools, the defendants have essentially “planted a bug” on users’ web browsers in violation of state and federal privacy laws, the complaint charges.

The filing relays that Ivy Fertility operates the following websites, among others:

• SDFertility.com;
• App.IvyFertility.com;
• FertilityCentersOC.com;
• ReproductivePartners.com;
• PNWFertility.com;
• FertilityMemphis.com;
• IdahoFertility.com;
• NevadaFertility.com;
• NVFertility.com;
• UtahFertility.com; and
• VAFertility.com.

As the lawsuit tells it, patients can use these websites to research medical conditions and treatment options, manage appointments, communicate with providers and more. However, unbeknownst to visitors, the companies share with third parties the users’ status as patients, email addresses, phone numbers, treatments sought, appointment details and other private information, the suit contends.

“The collection and transmission of this information is instantaneous, invisible and occurs without any notice to—and certainly no consent from—the Users,” the case asserts.

The lawsuit looks to represent anyone in the United States whose private information was disclosed to a third party without authorization or consent through the third-party tracking technologies allegedly installed on Ivy Fertility’s and SDFC’s web properties.

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