Adobe class action alleges company intercepted, recorded Optum patient communications

Adobe class action lawsuit overview:

• Who: Plaintiff Gil Hodges filed a class action lawsuit against Adobe Inc.
• Why: Hodges claims Adobe intercepted, recorded and eavesdropped on patient communications on Optum’s website.
• Where: The class action lawsuit was filed in California federal court.

ArA new class action lawsuit claims Adobe intercepted, recorded and eavesdropped on patient communications on the website of health care company Optum.

Plaintiff Gil Hodges accuses Adobe of intercepting communications containing personally identifiable information (PII) and protected health information (PHI) of patients using Optum’s website to search for medical providers and services.

The lawsuit alleges Optum uses Adobe’s “Marketo Engage” platform to “streamline, automate and measure marketing tasks and workflows so [clients like Optum] can increase operational efficiency and grow revenue faster.”

Hodges wants to represent a nationwide class of consumers who had their PII or PHI intercepted, recorded or eavesdropped on by Adobe as a result of using Optum’s website.

The class action lawsuit claims Adobe’s actions violate the Federal Wiretap Act and California’s Invasion of Privacy Act and constitute an invasion of privacy under the California Constitution and intrusion upon seclusion.

“[Adobe] intercepts, eavesdrops and/or records the plaintiff’s and class members’ communications while using [Optum’s] website, including communications containing PII and/or PHI,” the Adobe class action lawsuit says.

Adobe allegedly used tracking technology without consent

Hodges argues Adobe used tracking technology embedded on Optum’s website to intercept patient communications without their consent.

The plaintiff claims that the tracking technology secretly duplicated and transmitted patient data to Adobe’s servers, allowing the company to intercept communications in real time.

Hodges argues Adobe’s tracking technology allowed the company to pair intercepted data with users’ identities, enabling targeted advertising and marketing campaigns.

The plaintiff claims Adobe’s actions deprived users of their privacy rights and that Optum’s website did not provide adequate notice or obtain consent for the interception of patient communications.

Hodges demands a jury trial and requests declaratory and injunctive relief and an award of statutory damages of $5,000 for each violation of the California Invasion of Privacy Act and damages under the Federal Wiretap Act.

Last month, Adobe agreed to a $150 million settlement after the U.S. Department of Justice alleged the company engaged in deceptive subscription practices in violation of the Restore Online Shoppers’ Confidence Act.

Have you used Optum’s website? Let us know in the comments.

The plaintiff is represented by Ines Diaz Villafana of Bursor & Fisher P.A.

The Adobe class action lawsuit is Hodges v. Adobe Inc., Case No. 5:26-cv-02958, in the U.S. District Court for the Northern District of California.

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