Abraham Jewett  |  April 5, 2023

Category: Legal News

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A man in an online therapy session with a doctor
(Photo Credit: Ground Picture/Shutterstock)

BetterHelp telehealth class action lawsuit overview: 

  • Who: A plaintiff going by L.M. has filed a class action lawsuit against BetterHelp Inc. 
  • Why: L.M. claims BetterHelp disclosed the personal health information and personally identifiable information of its patients to unauthorized third parties. 
  • Where: The class action lawsuit was filed in California federal court.
  • What are my options: Norton carries many options when it comes to data security.

Mental telehealth platform BetterHelp shared the personal health information (PHI) and personally identifiable information (PII) of its patients with persons who were not authorized to have it, a new class action lawsuit alleges. 

A plaintiff going by the name L.M. claims BetterHealth “betrayed” their trust by allegedly “failing to properly safeguard and protect” their PHI and PII and by allegedly disclosing it to outside entities — such as Facebook and Snapchat — without having authorization to do so. 

L.M. argues BetterHealth “wrongfully disclosed” patients’ PHI and PII including names, physical addresses, Social Security numbers, birthdates, email addresses, telephone numbers, and medical conditions and diagnosis. 

“Plaintiff’s and the other Class Members’ PHI and PII was improperly handled, inadequately protected, readily able to be copied by anyone with nefarious intent and not kept in accordance with basic security protocols,” the BetterHelp class action states.

L.M. wants to represent a nationwide class and South Carolina and California class of individuals who were patients of BetterHelp since January 1, 2013 and who had their PII and/or PHI disclosed to unauthorized third parties. 

Complaint is at least third filed against BetterHelp this month over data sharing claims

The class action lawsuit is at least the third filed against BetterHelp this month, following the company’s payment of a $7.8 million fine to the Federal Trade Commission to resolve associated claims, reports Law360. 

“In recent weeks the Federal Trade Commission (“FTC”) verified and confirmed that BetterHelp has been disclosing Plaintiff’s and the Class Members’ PHI and PII to third parties for the financial gain of BetterHelp,” the BetterHelp class action states.

L.M. claims BetterHelp is guilty of outrageous conduct, negligence, and breach of implied contract, among other things, and in violation of common laws in both California and South Carolina. 

Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual damages for themselves and all class members. 

Talk therapy apps came under fire last June after a trio of senators wrote letters to the executive of BetterHelp and Talkspace that requested information on what steps the companies were taking to protect their patients’ data privacy. 

Have you had your private information shared with an unauthorized third party? Let us know in the comments! 

The plaintiff is represented by Sharon J. Zinns of Zinns Law, LLC, and Maureen M. Brady of McShane & Brady, LLC. 

The BetterHelp telehealth class action lawsuit is L.M., et al. v. BetterHelp, Inc., et al., Case No. 5:23-cv-01382, in the U.S. District Court for the Northern District of California.


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15 thoughts onBetterHelp class action claims telehealth company mismanaged sensitive health information

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