In a striking legal move, a class action lawsuit has been filed against a major software company accused of wiretapping the electronic communications of health insurance users. The complaint, brought forth by Sean Willey on December 5, 2024, in the Superior Court of California for the County of San Francisco, targets Amplitude Inc., alleging unauthorized interception and acquisition of sensitive user data from Oscar Health's website and app.
According to the lawsuit, Amplitude Inc., a Delaware corporation headquartered in San Francisco, provides a software-as-a-service (SaaS) platform used by developers to analyze user behavior. However, it is alleged that this service was employed to unlawfully intercept communications between users and Oscar Health without their consent. The plaintiff claims that this breach involved capturing personally identifiable information (PII) and personal health information (PHI), including prescription details and medical conditions. This interception allegedly violates Pennsylvania’s Wiretapping and Electronic Surveillance Act (WESCA), as the affected users were residents of Pennsylvania.
The complaint outlines how Amplitude's services were integrated into Oscar Health's digital platforms to gather extensive user data under the guise of providing insights into customer engagement. It accuses Amplitude of monetizing this data by using it to enhance its own services and improve marketing strategies for its clients like Oscar Health. The plaintiff argues that such practices are not only intrusive but also illegal under state law due to the lack of informed consent from users.
Sean Willey, who resides in Marietta, Pennsylvania, asserts that his own interactions with Oscar Health's website were intercepted during March 2023 without his knowledge or approval. He alleges that Amplitude collected detailed information about his medical history and personal identifiers during these sessions. Willey seeks actual damages not less than $1,000 per violation or $100 per day as well as punitive damages for what he describes as a blatant disregard for privacy laws.
Represented by attorneys L. Timothy Fisher and Emily A. Horne from Bursor & Fisher P.A., Willey is advocating for certification of the class action on behalf of all similarly affected individuals in Pennsylvania. The case is presided over by Judge Sahar Enayati under Case No. CGC-24-620336.