Judge partly dismisses Facebook medical privacy class action

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Update:

• Meta Platforms Inc. will face some of the claims in a lawsuit alleging its Meta Pixel tracking tool collected private medical information and sent it to Meta.
• U.S. District Judge William Orrick wrote a 26-page ruling that also dismissed some of the claims from the anonymous five Jane Doe and John Doe plaintiffs, stating he was not certain Meta did enough to prevent the private data’s transmission but the plaintiffs did not properly show they deserved to be paid for the dissemination of their medical information.
• Orrick also wrote Meta did not address the plaintiffs’ “detailed and plausible” explanation for why transmitting the data was necessary for Meta’s advertising services.
• The lawsuit claims the Meta Pixel violates California’s privacy law and a federal wiretap law.

Facebook Pixel medical privacy class action lawsuit overview: 

• Who: A federal judge in California is considering whether to grant a preliminary injunction to consumers who filed a class action lawsuit against Meta Platforms Inc. 
• Why: Consumers claim Meta violates millions of Americans’ medical privacy through its alleged use of the Facebook Pixel tracking device. 
• Where: The Meta class action lawsuit was filed in California federal court.

(Nov. 15, 2022)

Meta Platforms Inc. knew or should have known that hospital websites improperly used the Facebook Pixel tracking device, a class action lawsuit alleges. 

A federal judge in California is considering a motion to block Meta from being able to intercept or disseminate confidential information it is accused of collecting with its Facebook Pixel, Law360 reports.  

Consumers accuse Meta of using the Facebook Pixel to allow Facebook to receive data such as when an individual registers as a patient, signs into a patient portal or sets an appointment, among other things. 

Patients, who seek injunctive relief, argue that Meta violates millions of Americans’ medical privacy through its alleged use of the Facebook Pixel, Law360 reports. 

Meta argues it tells medical providers not to send any ‘sensitive data’

Meta responded to the request for a preliminary injunction by arguing it tells medical providers not to send it any sensitive data and that the Facebook Pixel simply allows website developers to gather analytical information about website visitors. 

The company also told the judge that it requires companies that use the Facebook Pixel to post a notice on their website disclosing its presence and explaining how it works, Law360 reports. 

Consumers filed a number of class action lawsuits this year against companies accused of breaking the law by allegedly sharing the personally identifiable information of their customers with Facebook without consent. 

Have you had your medical information shared with Meta? Let us know in the comments! 

The plaintiffs are represented by Paul R. Kiesel, Jeffrey A. Koncius and Nicole Ramirez of Kiesel Law LLP; Jason ‘Jay’ Barnes, Eric Johnson, An Truong and Jennifer Paulson of Simmons Hanly Conroy LLC; Amy Gunn and Elizabeth S. Lenivy of The Simon Law Firm PC; and Stephen M. Gorny of Gorny Dandurand LC.

The Meta class action lawsuit is Doe v. Meta Platforms Inc., Case No. 3:22-cv-03580, in the U.S. District Court for the Northern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

• TransUnion data breach exposes customers’ personal information
• Recent data breaches expose medical data, other consumer info
• Experian, T-Mobile settle data breach lawsuits with 40 states for $16 million
• Cash App class action claims Block failed to prevent data breach