Judge Allows Aspen Dental Class Action to Proceed

U.S. District Judge Virginia Kendall has allowed a class action against Aspen Dental Management to proceed on several fronts.

Allegations of Data Privacy Violations

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).

Legal Claims Upheld in Court

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.

Attorneys Representing the Plaintiffs

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.

Case Details and Next Steps

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.