news & updates
Matthew J. Langley of Almeida Law Group LLC has been appointed as interim Co-Lead Class Counsel alongside Arun Ravindran of Hedin LLP in a consolidated class action lawsuit against FurtherEd, Inc., operating as Lawline. This case is significant as it falls under the purview of the Video Privacy Protection Act (VPPA), a federal statute protecting consumers’ privacy concerning video rental and viewing history. Lawline is the leading provider of online continuing legal education, and 160,000 users are registered for Lawline services. The plaintiffs allege that FurtherEd’s business practices infringed on these protections by offering sensitive data to third-party actors for profit, leading to potential consumer harm.
The VPPA, enacted in 1988, has become increasingly relevant with the rise of digital media, as it restricts companies from disclosing personally identifiable information (PII) of consumers’ viewing habits without consent. Violations can place consumers at risk of unauthorized data exposure and misuse of private viewing history, which is highly sensitive information. For consumers, this case represents a critical stand for digital privacy, emphasizing the protection of personal data in the digital age.
This consolidated approach aims to streamline litigation and ensure efficient case management by centralizing filings and proceedings. Langley’s extensive experience in class actions and expertise in digital privacy law, including VPPA cases, position him to advocate effectively on behalf of affected consumers. The case, captioned Jolly v. FurtherEd, Inc., and assigned case number 1:24-cv-06401-LJL, is currently pending in the Southern District of New York under Judge Lewis J. Liman.
David S. Almeida, Founder and Managing Partner of Almeida Law Group, LLC, was recently appointed by US District Court Judge David C. Joseph to serve on the Executive Committee in a consolidated class action lawsuit against Acadian Ambulance Services, Inc.
The class action lawsuit stems from a data security incident and ransomware attack exposing highly-sensitive Personally Identifiable Information (PII) , and Personal Health Information (PHI) including the Social Security numbers of patients, due to Acadian Ambulance’s failure to implement and follow basic security procedures. Acadian Ambulance is a privately-owned ambulance service that operates a fleet of more than 400 ground ambulances, eight medical transport helicopters, and five fixed-wing aircraft that serve the states of Louisiana, Texas, Tennessee, and Mississippi.
As part of Acadian Ambulance’s business, it collects a tremendous amount of data from patients including names, dates of birth, Social Security numbers, driver’s licenses, health and health insurance information, and financial data from its 10 million users. Plaintiffs allege that, due to Acadian Ambulance’s negligence, they are now at a significantly increased risk of fraud, identity theft, misappropriation of health insurance benefits, intrusion of their health privacy, PII and PHI being disseminated on the Dark Web, and similar forms of criminal mischief — a risk that may last for the rest of their lives.
Key details from the court’s order include:
- Consolidation of Cases: Related cases have been merged under a single lead case, Hulse v. Acadian Ambulance Services, Inc., to streamline the legal process.
- Interim Class Action Executive Committee: David S. Almeida of Almeida Law Group was appointed to serve on the Executive Committee supporting interim co-leadership counsel. Almeida Law Group will be assisting in Defense Discovery on the case.
- Efficient Case Management: All future filings, motions, and responses will be centralized in the lead case, ensuring organized and efficient litigation with minimal duplication of efforts.
The case, captioned Hulse v. Acadian Ambulance Services, Inc., and assigned case number, 6:24-cv-01011, is currently pending in the Western District of Louisiana – Lafayette Division under Judge David C. Joseph.
The Circuit Court of Dane County, Wisconsin, has ordered the consolidation of multiple class action lawsuits against FCDG Management, LLC, operating as First Choice Dental, and has named David S. Almeida, Founder and Managing Partner of Almeida Law Group LLC, as co-leadership in the case with Strauss Borelli, PLLC.
The class action lawsuit stems from a data security incident exposing highly-sensitive Personally Identifiable Information (PII) including the Social Security numbers of patients, due to First Choice Dental’s failure to implement and follow basic security procedures. First Choice Dental has 12 locations across Dane County, WI and employs over 200 individuals. As part of First Choice Dental’s business, it collects a tremendous amount of data from patients including names, dates of birth, Social Security numbers, driver’s licenses, health and health insurance information, and financial data. Plaintiffs allege that, due to First Choice Dental’s negligence, they are now at a significantly increased risk of fraud, identity theft, misappropriation of health insurance benefits, intrusion of their health privacy, PII being disseminated on the Dark Web, and similar forms of criminal mischief — a risk that may last for the rest of their lives.
Key details from the court’s order include:
- Consolidation of Cases: Related cases have been merged under a single lead case, Gorder v. FCDG Management, LLC, to streamline the legal process.
- Interim Class Action Leadership: Strauss Borrelli PLLC and Almeida Law Group LLC were appointed as interim co-lead class counsel. They are responsible for overseeing pretrial procedures, settlement discussions, and coordinating the plaintiffs’ efforts.
- Efficient Case Management: All future filings, motions, and responses will be centralized in the lead case, ensuring organized and efficient litigation with minimal duplication of efforts.
The case, captioned Gorder v. FCDG Management LLC d/b/a First Choice Dental, and assigned case number, 2024-CV-002164, is currently pending in the Dane County Circuit Court under Judge Susan M. Crawford.
Luke Coughlin JOINS ALMEIDA LAW GROUP AS AN ASSOCIATE ATTORNEY
Luke began his legal journey as a claims investigator at Rain Intelligence, where he combined technical investigation with comprehensive legal analysis across various case types, particularly in consumer rights and data protection. Before joining us, he was an associate attorney at Edelman, Combs, Latturner & Goodwin, LLC, focusing on a wide range of consumer cases, with a particular focus on usury claims. Luke is admitted to practice in Illinois state court and the Federal District Courts of the Northern and Southern Districts of Illinois, as well as the Northern and Southern Districts of Indiana. To read more about Luke, click here.
judge allows pixel class action against aspen dental to move forward
U.S. District Judge Virginia Kendall has allowed a class action against Aspen Dental Management to proceed on several fronts. The lawsuit alleges that Aspen used tracking pixels to collect and transmit sensitive health information to third parties like Facebook and Google, potentially violating the Electronic Communications Privacy Act (ECPA) and Health Insurance Portability and Accountability Act (HIPAA). The court upheld claims related to the ECPA, HIPAA, Florida Security of Communications Act, California Information Privacy Act, Pennsylvania Wiretap Act, and common law negligence. The plaintiffs argue Aspen breached its privacy policy and duty to protect sensitive data. The plaintiffs are represented by David S. Almeida and Britany Kabakov of Almeida Law Group LLC and Andrew R. Tate and Brandon M. Wise of Peiffer Wolf Carr Kane Conway & Wise LLP.
The case is D. et al. v. Aspen Dental Management, Inc., case number 1:24-cv-01404, in the U.S. District Court for the Northern District of Illinois. To learn more about the case click here.
Almeida Law Group appointed Co-Lead counsel against Superior Air-Ground Ambulance
David S. Almeida, Founder and Managing Partner of Almeida Law Group LLC, was recently appointed by US District Court Judge Matthew F. Kennelly, along with Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman PLLC, to serve as Interim Co-Lead Class Counsel in a consolidated class action lawsuit against Superior Air-Ground Ambulance, Inc.
The class action lawsuit stems from a data security incident in which highly sensitive private information, including the Social Security numbers of over 858,000 individuals, was exposed due to Superior Ambulance’s failure to implement and follow basic security procedures. Superior is a corporation that provides ambulance and other healthcare-related travel services. According to its website, it currently has “over 3,000 employees and provides EMS in five states.” As part of Superior Ambulance’s business, it collects a treasure-trove of data from its patients, including names, dates of birth, Social Security numbers, driver’s licenses, health and
health insurance information, and financial data.
Plaintiffs allege that due to Superior Ambulance’s negligence, they are now at a significantly increased and certainly impending risk of fraud, identity theft, misappropriation of health insurance benefits, intrusion of their health privacy, Private Information being disseminated on the dark web, and similar forms of criminal mischief—a risk that may last for the rest of their lives.
The case, captioned Spann v. Superior Air-Ground Ambulance Service, Inc. and assigned case number 1:24-cv-04704, is currently pending in the United States District Court for the Northern District of Illinois.
DAVID ALMEIDA APPOINTED CO-LEAD COUNSEL IN CLASS ACTION AGAINST ASPEN DENTAL
David S. Almeida, Founder & Managing Partner of Almeida Law Group LLC, was recently appointed—along with Laura Van Note of Cole & Van Note and Brandon M. Wise of Peiffer Wolf Carr Kane Conway & Wise, LLP—by US District Court Judge Sunil R. Harjani to serve as Interim Co-Lead Class Counsel in a consolidated class action lawsuit against Aspen Dental Management Inc., WellNow Urgent Care, P.C., TAG – The Aspen Group and Physicians Immediate Care LLC. The class action lawsuit arises out of a data security incident in which highly sensitive private information including Social Security numbers, was exposed due to Aspen’s failure to implement and to follow basic security procedures.
The case, captioned Tambroni v. WellNow Urgent Care, P.C., et al., and assigned case number 1:24-cv-01595, is currently pending in the United States District Court for the Northern District of Illinois.
DAVID ALMEIDA APPOINTED CO-LEAD COUNSEL IN CLASS ACTION AGAINST TELADOC HEALTH, INC.
David S. Almeida, Founder & Managing Partner of Almeida Law Group LLC, was recently appointed—along with Nickolas J. Hagman of Cafferty Clobes Meriwether & Sprengel LLP—by US District Court Judge Nelson S. Román to serve as Interim Co-Lead Class Counsel in a consolidated class action lawsuit against Teladoc Health, Inc.
The class action lawsuit challenges Teladoc’s use of tracking technologies on its website to collect and disclose protected health and other sensitive information without consent. Teladoc is a digital health company that provides virtual healthcare services, such as video or chat meetings with doctors. As part of Teladoc’s business, it collects, maintains and stores consumers’ highly sensitive personally identifiable information and protected health information including their Social Security numbers, medical diagnoses, treatment plans, dates of birth, email addresses and health insurance information. Plaintiffs allege that Teladoc shared this private and sensitive information with third parties, such as Facebook, through pixels and other technologies on its website—without consent.
The case, captioned Pattison et al v. Teladoc Health, Inc. and assigned case number 7:23-cv-11305-NSR, is currently pending in the United States District Court for the Southern District of New York, White Plains division.
class action alleges Atrium Health violated patient privacy by sharing data with Facebook and Google
A federal lawsuit has been filed against Atrium Health, accusing the health system of sharing sensitive patient information with Facebook and Google through Meta’s Pixel application for targeted advertising without proper disclosure.
The lawsuit alleges that Atrium Health’s website utilized Pixel to collect browsing data and form details, leading to unsolicited emails and customized ads related to medical issues disclosed by users. Atrium Health had not previously disclosed its use of Pixel on the website. The lawsuit raises concerns about data privacy in healthcare and the transparency of data-sharing practices with tech companies.
Plaintiffs are represented by attorneys David S. Almeida, Matthew J. Langley and Britany Kabakov, of Almeida Law Group LLC and Brandon Wise, of Pieffer Wolf Carr Kane Conway & Wise LLP. More information about the case can be found here.
class action against Everlywell CLAIMS private medical information EXPOSED through tracking pixels
Everlywell, a digital home medical testing company, is facing a class action lawsuit alleging it permitted social media giants like Facebook and Google to access individuals’ private health information by embedding tracking pixels on its website.
Plaintiffs argue that Everlywell’s practices contradict its claims of prioritizing data security and privacy. The lawsuit, filed on April 4 in the U.S. District Court for the Northern District of Illinois, emphasizes the potential serious consequences of mishandling such sensitive information, including workplace discrimination or denial of insurance coverage.
Plaintiffs are represented by attorneys David S. Almeida, Matthew J. Langley and Britany Kabakov, of Almeida Law Group LLC and David DiSabato and Tyler Bean, of Siri & Glimstad, LLP. More information about the case can be found here.
Class action against Telehealth operator Wisp divulges patient info through tracking pixels
A class action lawsuit accuses telehealth app operator Wisp of sharing users’ personal information with Facebook and other platforms through tracking pixels without proper disclosure.
According to the lawsuit, Facebook and other platforms used this information for various purposes, such as improving advertisers’ targeting capabilities and selling the data to third-party marketers. The plaintiffs argue that Wisp effectively traded the private medical information of its patients for more detailed user analytics to boost its revenues and profits without informing users about the practice.
The lawsuit asserts violations of several laws including the federal Electronics Communication Privacy Act, California’s Confidentiality of Medical Information Act, and the California Invasion of Privacy Act, among others.
. The plaintiffs are represented by attorneys from Almeida Law Group LLC and Migliaccio & Rathod LLP. More information can be found about the case here.
class action against georgia's largest healthcare over tracking tool
Piedmont Healthcare Inc., Georgia’s largest health care provider, is facing a class-action lawsuit over its use of the Meta Pixel online tracking tool, which allegedly shared patients’ personal information with Meta Platforms. The lawsuit, filed by Almeida Law Group and co-counsel , alleges that Piedmont installed the Meta Pixel on its website and patient portal without patient consent, collecting and sharing personal and health information. This alleged data sharing is said to have violated Piedmont’s privacy policies and healthcare standards, including HIPAA.
The lawsuit aims to represent all Georgia residents who used Piedmont’s online services, alleging various privacy violations and unfair business practices. The extent of data disclosures remains uncertain, but the case highlights concerns over patient data privacy and the legal consequences for mishandling such information. The case is titled, T.D. et al. v. Piedmont Healthcare Inc., and more information can be found here.
david almeida appointed co-lead counsel in class action against td ameritrade inc.
David S. Almeida, Founder & Managing Partner of Almeida Law Group LLC, was recently appointed—along with Brandon Wise of Peiffer Wolf Carr Kane Conway & Wise, LLP and William B. Federman of Federman & Sherwood—by Magistrate Judge Michael D. Nelson to serve as Interim Co-Lead Class Counsel in the consolidated class action lawsuit against TD Ameritrade, Inc. The class action lawsuit arises out of a data security incident affecting approximately 61,000 Charles Schwab customers. The lawsuit alleges that TD Ameritrade and Charles Schwab waited nine weeks before notifying customers about the data breach. Plaintiffs allege that defendants’ lax data security practices directly lead to the data breach and the exfiltration of Plaintiffs’ and the putative class members’ personally identifiable information.
The case, captioned Schultz v. TD Ameritrade, Inc. and assigned case number 8:23-cv-375-JFB-MDN, is currently pending in the United States District Court for the District of Nebraska.
judge approves settlement in pixel class action against froedtert health inc.
On September 29, 2023, The Honorable Glenn H. Yamahiro, Circuit Court Judge in Milwaukee County, Wisconsin, entered an order finally approving the settlement of a class action lawsuit brought by the Almeida Law Group and co-counsel Milberg LLP. In the lawsuit, Plaintiffs alleged that Froedtert put certain tracking technologies (called Pixels) on its web properties (website and patient portal) to collect and to share patients’ confidential and protected health information with third parties like Facebook for marketing and advertising purposes. Almeida Law Group is honored to have had the opportunity to litigate this case on behalf of the class and is extremely pleased with the result. For more information, please click here.
Britany Kabakov joins Almeida Law Group as an Associate Attorney
The Almeida Law Group is very excited to announce that Britany Kabakov has joined the Firm as an associate attorney in Chicago. Britany is a graduate of the University of Chicago Law School. Britany started her legal career as a litigation associate at Kirkland & Ellis LLP and Steptoe & Johnson LLP in their Chicago offices. She has represented clients in federal court, multidistrict litigation, and class action lawsuits involving defective products, consumer fraud, toxic tort, and environmental cases, information privacy, insurance, and contract disputes. Britany also had the honor of clerking for Magistrate Judge Sunil R. Harjani in the U.S. District Court for the Northern District of Illinois and externing for Judge Andrew G. Schopler in the U.S. District Court for the Southern District of California. In her free time, Britany teaches yoga and spends time with her dog (the best rescue from Paws Chicago) and enjoys exploring new cities and cultures. To read more about Britany, click here.
Coast to Coast: Almeida Law Group Expands to California with Addition of John R. Parker, Jr.
The Almeida Law Group is very excited to welcome John R. Parker, Jr. to the Firm. John, also known as J.R., joins as a Partner and is based out of Sacramento, California, where he will head up Firm operations out west. J.R. is a graduate of Harvard Law School and the University of Georgia. Before joining Almeida Law Group, J.R. worked at a few plaintiffs’ firms where he, among other things, pursued cutting-edge consumer class actions against well-known companies in the tech industry, including Facebook, Apple, and Zynga. J.R. has been appointed lead counsel in multiple class actions in California and nationwide. To read more about J.R., click here.
Matthew Langley Joins Almeida Law Group in Chicago
The Almeida Law Group is extremely excited to announce the addition of Matthew J. Langley to the Firm. Matt joins as a Partner who will work out of the Chicago office. Matt is a graduate of Columbia Law School and, immediately before joining Almeida Law Group, was a partner at Benesch, Friedlander, Coplan and Aronoff LLP where he worked alongside David in the firm’s Class Action practice group. Matt is also a former federal prosecutor; as an Assistant United States Attorney for the U.S. Attorney’s Office in the Southern District of Florida, Matt prosecuted crimes involving fraud, money laundering, violent crime, child pornography, and drug trafficking. Matt is a trial lawyer who has first-chaired ten jury trials, securing guilty verdicts in all ten trials. Matt is barred in California, Florida, Illinois and New York.To read more about Matt, click here.
Charles schwab data breach was preventable alleges class action
TD Ameritrade Inc. and its parent, Charles Schwab Corp., have been hit with a proposed class action alleging that they failed to implement security that could have prevented hackers from accessing their clients’ personal information. The Almeida Law Group and co-counsel filed the suit in Nebraska federal court Friday on behalf of customers affected by the breach, which the investment company discovered in late May, but didn’t report to customers until August, according to the case.
Names, Social Security numbers, financial account information, dates of birth, and government identification numbers are among the allegedly compromised information. The suit alleges the defendants failed to provide the results of the “thorough investigation” they purportedly conducted after becoming aware of the breach. The case is Jeanfort v. TD Ameritrade, Inc., case no. 8:23-cv-00380, in the U.S. District Court for the District of Nebraska. More information is available here.
class action claims rite aid shared visitors info with third parties without consent
The Almeida Law Group, together with co-counsel, filed a class action in a California court alleging that Rite Aid discloses website visitors’ personal and health information to Meta and other third parties without their knowledge or consent. The filing contends that the website has violated its privacy policies, the Health Insurance Portability and Accountability Act (HIPAA), and several federal and state statutes by failing to secure website visitors’ permission before tracking and sharing their highly confidential information.
The suit, titled Leija v. Rite Aid Corporation, 1:23-cv-01080, seeks to set a precedent about gaining a user’s consent about their data and to have them receive monetary compensation. More information about this case here.
ADVOCATE AURORA AGREES TO PAY $12.5 MILLION SETTLEMENT OVER PIXEL PRIVACY
Advocate Aurora Health has agreed to pay $12.25 million to settle consolidated class action claims that the hospital chain invaded patient privacy by using tracking codes on its websites and patient portal. The Almeida Law Group, along with co-counsel, brought this case on behalf of the affected patients and helped negotiate the settlement to hold healthcare systems accountable for how they share patients’ data and allow plaintiffs to receive monetary damages.
As per the settlement, Advocate Aurora has since disabled the tracking tools or removed them from its websites, apps, and patient portal. The settlement is subject to the court’s final approval, for which a hearing date still needs to be set. More information can be found here.
Hp ATTEMPT TO DISMISS CLASS ACTION CLAIMING IT LIED TO CUSTOMERS ABOUT ALL-IN-ONE PRINTERS REJECTED IN FEDERAL COURT
On Aug. 10, a federal judge ruled that HP Inc. must face a class-action lawsuit claiming that the company designs its “all-in-one” inkjet printers to disable scanning and faxing functions whenever a single printer ink cartridge runs low. The company had sought — for the second time — to dismiss the lawsuit on technical legal grounds but the court denied HP’s motion to dismiss.
The Almeida Law Group brought its case against HP in June 2022. “It is well-documented that ink is not required in order to scan or to fax a document, and it is certainly possible to manufacture an all-in-one printer that scans or faxes when the device is out of ink,” the plaintiffs wrote in their complaint. “Indeed, HP designs its all-in-one printer products so they will not work without ink. Yet HP does not disclose this fact to consumers.”
The lawsuit will now proceed to the discovery stage.
Union Bank and Trust Data Breach Co-lead
In May 2023, Union Bank and Trust Company experienced a data breach. The cybersecurity incident potentially exposed over 200,000 individuals’ personal information, such as names, SSNs, dates of birth, and more. Certain affected individuals filed class action lawsuits, which have now consolidated in the United States District Court for the District of Nebraska. Almeida Law Group LLC Partner David Almeida was appointed one of the Plaintiffs’ Interim Co-Lead Counsel in the matter.
Along with Mason Barney of Siri & Glimstad, LLP and Tyler Hudson, Wagstaff & Cartmell, LLP, David will coordinate the work of all plaintiffs’ counsel, apprise the court as to the plaintiffs’ position, manage discovery and settlement discussions, and other pretrial activities.
The class action seeks compensation for those affected by the data breach and aims to protect consumer privacy going forward. This class action lawsuit is an important step towards protecting individuals’ rights and compensating them for any financial or emotional damages suffered because of the data breach.
The case is Scott, et al. v. Union Bank and Trust Company, case no.: 4:23-cv-03126-JMG-MDN in the United States District Court for the Nebraska (Lincoln).
Froedtert Settlement Covered in Wisconsin Law Journal
David Almeida was recently quoted in and interviewed for the article Froedtert agrees to $2 million settlement, admits no liability and denies all allegations published in the Wisconsin Law Journal. In the article, David discussed the settlement that the Almeida Law Group, along with co counsel, negotiated on behalf of nearly 460,000 persons who used Froedtert’s website and patient portal in recent years. The final approval hearing in the case is currently set for September 29, 2023, in Milwaukee, Wisconsin.
Privacy Developments To Watch in Rest of 2023
David Almeida was recently quoted in the article Privacy Developments To Watch In Rest Of 2023 published in Law360. In the article, David discussed the prevalence of litigation against hospital systems, telehealth providers and related entities for their use of tracking technologies to collect and to disclose confidential health information to Facebook and other platforms without the users’ informed consent. “Given that there’s no private right of action under the Health Insurance Portability and Accountability Act, which prohibits the disclosure of personal health information without consumers’ consent, plaintiffs have had to find other ways ‘to attempt to vindicate users’ privacy rights,’ including by bringing allegations under federal and state wiretapping statutes and asserting various common law privacy claims, Almeida said.”
CLASS ACTION CLAIMS HEALTHPARTNERS ILLEGALLY DISCLOSED PRIVATE INFORMATION TO FACEBOOK
Cerebral Class Action Claims Teletherapy Company Breach Affects 3M Patients
Hu Class Action Claims Dark Chocolate Products Contain Lead
The Almeida Law Group, along with co-counsel, recently filed a class action lawsuit, alleging that Hu’s Organic Simple Dark Chocolate 70% Cocoa chocolate bars contain unsafe levels of lead, a chemical that is extremely harmful when consumed. The lawsuit alleges that the company’s success as a “health and wellness” snack brand is founded in part on its representations that its products are “organic,” “clean,” “better-for-you” and made with “simple, close to nature ingredients.” The lawsuit is Sonya F. Levy v. Hu Products LLC, Case No. 1:23-cv-01381, in the U.S. District Court for the Southern District of New York. An article with more information is available here.
ALMEIDA LAW GROUP FILES THREE CASES SEEKING TO HOLD WISCONSIN HEALTHCARE ENTITIES’ RESPONSIBLE FOR DISCLOSING PRIVATE INFORMATION TO FACEBOOK WITHOUT CONSENT
The Almeida Law Group, along with co-counsel, recently filed three class action lawsuits alleging that hospital systems in Wisconsin illegally collected and shared their users’ confidential and protected health information without consent. The cases are Doe v. Aspirus, Inc. 3:23-cv-000171 (W.D. Wis. March 17, 2023); John v. Froedtert Health, 2023-cv-001935 (Wis. Cir. Ct. March 16, 2023); and v. ProHealth Care, 2:23-cv-00296 (E.D. Wis. March 3, 2023).
And the Almeida Law Group is co-counsel with a number of other firms in an earlier filed class action lawsuit against Advocate Aurora stemming from its disclosure of patients’ protected health information in a data breach involving over 3 million patients. The case is captioned In re AdvocateAurora Health Pixel Litigation, 2:22-cv-01253 (E.D. Wis. Oct. 24, 2022).