In a class action lawsuit filed on August 28, 2024, in the Superior Court of California for the County of San Francisco, Erin Weiler accuses Delta Dental of California of violating privacy laws by unlawfully sharing sensitive personal information with third-party technology providers. The case highlights significant concerns over data privacy and security obligations within the healthcare sector.
The complaint, filed by Erin Weiler individually and on behalf of others similarly situated, alleges that Delta Dental embedded tracking technologies from companies like Adobe, Google, Datadog, and Qualtrics on its website. These technologies allegedly intercepted and disclosed users' personally identifiable information (PII) and non-public personal health information (PHI) without consent. According to the filing, this breach was motivated by Delta Dental's desire to gain insights into its plan members for marketing purposes and financial gain. The plaintiff argues that these actions contravene several laws including the Health Insurance Portability and Accountability Act (HIPAA), California Privacy Act, and Electronic Communications Privacy Act.
Weiler claims that Delta Dental failed to inform or obtain consent from users regarding the data sharing practices. "Plan members simply do not anticipate that their trusted health plan sends personal health information or confidential medical information collected via its Website to any undisclosed third party," the complaint states. The lawsuit further asserts that neither Weiler nor any other class member signed a written authorization permitting such disclosures. As a result, Weiler seeks relief for negligence, breach of fiduciary duty, breach of confidence, unjust enrichment, violations of privacy acts, and unfair competition laws.
The plaintiffs are seeking compensatory damages for loss of benefit of the bargain, compromise and disclosure of private information, loss of value of their private information, statutory damages for violations of statutory rights, and injunctive relief to prevent further unauthorized disclosures. They demand a jury trial to address these grievances.
Representing Erin Weiler are attorneys Robert G. Loewy from Law Offices Of Robert G. Loewy P.C., based in Aliso Viejo, CA; Eric S. Dwoskin from Dwoskin Wasdin LLP in Boca Raton, Florida; along with Sahar Enayati as Deputy Clerk. The Case ID is: CGC-25-622474.