This case involves Kaiser Permanente and the Kaiser Foundation, is one of the largest not-for-profit health plans and health maintenance organizations (“HMO”) in the United States that offers insurance coverage and medical treatment to millions of individuals in eight states and the District of Columbia. Like many healthcare providers, Kaiser offers its members the use of an online patient portal to provide healthcare services, like the ability to research symptoms and treatments, schedule appointments, communicate with healthcare providers, and refill prescriptions. However, Kaiser is alleged to shared sensitive patient and member information through third party advertiser tracking pixels on its patient portal webpages, including symptoms and treatments the member researched and names and dosages of prescription refill orders with companies like Google, Bing, and Adobe. This claim alleges that these practices violations certain federal and state privacy laws.

The California Confidentiality of Medical Information Act (“CMIA”) is a state law that protects the privacy of individuals' medical information. It requires health care providers, health services plans, and other entities handling medical records to maintain the confidentiality of this information and sets strict guidelines for its disclosure. For more detailed information, you can view the statutory text here.

The California Invasion of Privacy Act is a state law designed to protect the privacy of personal communications, including both phone and electronic communications. It prohibits unauthorized eavesdropping, recording, or intercepting of confidential communications without consent. Courts have ruled that this law applies to electronic communications as well, ensuring broad protection of privacy in various forms of communication. For more details, you can view the statutory text here.

Arbitration is a private dispute resolution process. Your claim will not be filed in court. Your claim will be decided by an arbitrator, who is a neutral person chosen by you and the company. We can select an arbitrator for you who is fair and neutral.

Yes, arbitration is a confidential, private process.

Once you sign up, you’ll be asked to sign our attorney-client agreement. That allows us to investigate your private arbitration claim. Then, log in to your secure client portal. All information is strictly privileged and confidential and will only be used for your claim. Answer a few more questions, upload a few documents, and we’ll take it from there. We’ll analyze your claim and your losses, negotiate with the company, and, if necessary, pursue your claim in arbitration.

Our fees will be a percentage of the settlement or recovery we obtain for you. That amount will depend on the rules in the state you live in. We only receive a fee if you win, and you will never owe us any money.