Hill seeks to represent a nationwide class consisting of “all individuals residing in the United States whose private information was disclosed to a third party without authorization or consent through the Meta tracking tools or Google tracking tools on defendant’s web properties.” According to the complaint, that class includes “potentially millions” of current and former patients.
The suit says that full discovery is needed to uncover the extent of Atrium’s alleged privacy invasion and unlawful data sharing, but that based on Hill’s experience the company has likely at least used Meta Pixel and Google web tracking codes in its website and mobile app.
Atrium faces claims for negligence, violating the Electronic Communications Privacy Act, breaching the company’s express and implied contracts with its patients, acting contrary to its implied duty of good faith and fair dealing, breaching its fiduciary duty, and unjustly enriching itself. The suit additionally asserts that the company’s conduct goes against the Health Insurance Portability and Accountability Act but did not list a cause of action under that statute.
