Advocate Aurora Health Pixel Tracking Class Action Settles for $12.225 Million

Advocate Aurora Health, one of the Midwest's largest hospital systems, used third-party tracking tools, including Meta Pixel and Google Analytics, embedded in its website, LiveWell patient app, and MyChart portal. Patients who logged in to schedule appointments, message their doctors, or review health information had no reason to think those sessions were being observed by anyone other than their care team.

They were. The tools transmitted data to Meta and Google that included appointment dates and times, the identities of treating physicians, insurance information, and communications sent through the patient portal. Advocate Aurora disclosed in October 2022 that roughly three million patients may have had their information exposed. The health system disabled the pixels shortly before making that disclosure.

A wave of federal lawsuits followed. Plaintiffs alleged the company violated the federal Wiretap Act, the California Invasion of Privacy Act, and other state consumer-protection statutes by allowing commercial technology companies to intercept private health communications without patient authorization. The cases were consolidated before U.S. District Judge J.P. Stadtmueller in the Eastern District of Wisconsin as Case No. 22-cv-01253.

The court appointed Terence R. Coates and Dylan J. Gould of Markovits Stock and DeMarco, along with Gary M. Klinger and Alexandra Honeycutt of Milberg Coleman Bryson Phillips Grossman, as co-lead class counsel. The settlement class covered individuals who used Advocate Aurora's digital platforms between October 24, 2017, and October 22, 2022.

Advocate Aurora agreed to pay $12.225 million into a settlement fund. Judge Stadtmueller granted preliminary approval on August 21, 2023. More than 500,000 class members submitted claims and were eligible for pro-rata payments of up to $50 each. Named class representatives received $3,500 apiece. The court granted final approval on July 10, 2024.