Talkspace class action alleges telehealth provider installed tracker on site

Talkspace class action lawsuit overview: 

• Who: Plaintiff Courtney Mitchener filed a class action lawsuit against Talkspace Network LLC. 
• Why: Mitchener claims Talkspace violated California’s Trape and Trace Law by installing a tracker on its website that shares its visitors’ data with TikTok without their consent. 
• Where: The class action lawsuit was filed in California federal court. 

Online health care and therapy service provider Talkspace unlawfully installed tracking software designed by TikTok on its website, a new class action lawsuit alleges. 

Plaintiff Courtney Mitchener’s class action lawsuit claims the TikTok tracking software collects “as much data as it can” from Talkspace website visitors, who would otherwise be anonymous.

“The TikTok Software begins to collect information the moment a user lands on the Website. Thus, even though the Website has a ‘cookie banner’ the information has already been sent to TikTok regarding the user’s visit,” the Talkspace class action says. 

The class action further argues data collected by TikTok includes medical information related to minors.

Mitchener wants to represent a California class of Talkspace website visitors whose chats were transcribed by third parties and/or whose identifying information was sent to TikTok.

Talkspace did not obtain consent for data sharing, class action claims

Mitchener argues Talkspace did not obtain the legally required express or implied consent from its website visitors prior to sharing their data with TikTok for the purposes of fingerprinting and de-anonymization.

“Defendant did not obtain consent from Plaintiff or any of the class members before using trap and trace technology to identify users of its Website,” the Talkspace class action says. 

Mitchener claims that Talkspace is guilty of violating California’s Trap and Trace Law. She demands a jury trial and requests injunctive relief along with an award of statutory and punitive damages for herself and all class members. 

A consumer filed a separate class action lawsuit against Talkspace last year over claims that the company accepts new patients without having the necessary number of therapists to meet all their mental health needs. 

Has Talkspace shared your data with TikTok without your consent? Let us know in the comments.

The plaintiff is represented by Robert Tauler and Matthew J. Smith of Tauler Smith LLP. 

The Talkspace class action lawsuit is Mitchener, et al. v. Talkspace Network LLC, et al., Case No. 2:24-cv-07067, in the U.S. District Court for the Central District of California.

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