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NORTHERN CALIFORNIA RECORD

Saturday, September 28, 2024

California Residents Sue Healthcare Provider for Privacy Violations Over Data Sharing with Google

State Court
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In a striking new lawsuit, two California residents have filed a class action complaint against a healthcare provider for allegedly allowing Google to intercept and use patients' private medical information without consent. The complaint was filed by Latasha Mixon and Rosana Korman in the Superior Court of California, Sacramento County, on June 14, 2024, targeting WellSpace Health.

The plaintiffs accuse WellSpace Health of enabling Google Analytics on its website, which they claim unlawfully intercepted sensitive patient data. According to the lawsuit, this data includes the types of treatments sought by users, physicians consulted, search queries from the website's internal search bar, and virtual appointment access details. "Google intercepts users’ information in real time and redirects it to Google without users’ consent," the complaint states. This practice allegedly violates California’s Invasion of Privacy Act (CIPA) and Unfair Competition Law (UCL), as well as constitutes unjust enrichment.

Mixon and Korman argue that WellSpace's actions have caused significant harm to them and other class members. They allege that WellSpace benefits financially from this data interception by receiving analytics from Google that enhance its marketing strategies. Meanwhile, Google profits by using this confidential data to improve its advertising profiles. "WellSpace receives significant benefits from the data interception at issue; Plaintiffs and Class Members do not receive any compensation," the plaintiffs contend.

The plaintiffs are seeking multiple forms of relief from the court. They demand statutory damages, compensatory damages, punitive damages, and injunctive relief aimed at stopping these alleged unlawful practices. Specifically, they want WellSpace to remove Google Analytics from its website and notify affected users about the unauthorized data sharing.

Representing Mixon and Korman are attorneys Daniel J. Mogin and Timothy Z. LaComb of MoginRubin LLP; Andrew D. Bluth and Christopher R. Rodriguez of Singleton Schreiber LLP; along with Don Bivens of Don Bivens PLLC. The case is being overseen by Judge Fisher under Case ID 240 V011792.

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