Monument class action alleges telehealth platform shared personal health info with third parties

Monument class action lawsuit overview: 

• Who: Elaine Malinowski filed a class action lawsuit against Monument Inc. 
• Why: Malinowski claims Monument shared the private health information and personally identifiable information of its patients with unauthorized third parties such as Meta and Google without their patients’ knowledge or consent. 
• Where: The class action lawsuit was filed in New York federal court. 
• What are my options: Consumers wishing to better protect their own data may be interested in products from Norton LifeLock.

Online alcohol counseling and treatment company Monument Inc. transmits the protected health information and personally identifiable information of its patients to unauthorized third parties, a new class action lawsuit alleges. 

Plaintiff Elaine Malinowski claims Monument uses a tracking pixel embedded in its website to allegedly send private information to third parties such as Meta or Google without their users’ knowledge or consent.  

Malinowski argues information “unlawfully intercepted and transmitted” by Monument includes patients’ full names, birthdates, email addresses, telephone numbers, IP addresses and unique digital identification numbers, among other things. 

“Defendant’s disclosure of Representative Plaintiff’s and Class Members’ Private Information constitute as gross violation of common law and statutory data privacy laws,” the Monument class action states. 

Malinowski wants to represent a nationwide class and Florida subclass of Monument patients who had their private health information and personally identifiable information transmitted to unauthorized third parties. 

Monument disclosed improper data sharing in March letter, class action says

Malinowski claims Monument admitted in a report to the United States Department of Health and Human Services that the information of at least 108,584 individuals had been unlawfully disclosed to third parties without the individual’s knowledge or consent. 

Monument would later disclose the alleged presence of the tracking pixel and its “widespread and blatant disclosures” of its patients’ private health information and personally identifiable information in a March letter, the Monument class action alleges. 

Malinowski claims Monument is guilty of unjust enrichment, breach of implied contract, breach of confidence and invasion of privacy, and of violating the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act, among other things. 

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

Data breaches affecting the healthcare industry increased slightly during February, according to a report from the HIPAA Journal. 

Has Monument shared your private health information or personally identifiable information without your knowledge or consent? Let us know in the comments! 

The plaintiff is represented by Joel H. Robinson of Robinson Yablon Cooper & Bonfante LLP, Scott Edward Cole of Cole & Van Note and Daniel Srourian of Srourian Law Firm PC. 

The Monument health class action lawsuit is Malinowski, et al. v. Monument Inc., Case No. 1:23-cv-03411, in the U.S. District Court for the Southern District of New York.

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