Main Line Fertility Center, based in Pennsylvania, will compensate individuals with cash for the potential impermissible disclosure of their sensitive data to third parties via website tracking technologies. Main Line Fertility Center used third-party tracking applications and analytics code on its website, such as Meta Pixel. Although these tools can offer important information to website owners, their use is not encouraged in healthcare due to the possible transfer of sensitive data to the developers of those applications. Depending on the way these tools are implemented, it is possible to transfer protected health information (PHI) and personally identifiable information (PII) to those third parties.
Regarding the Main Line Fertility Center case, it was alleged to have utilized these tracking tools without informing the patients, resulting in the transfer of individually identifiable information to third parties like Meta. The Jane Doe v. Main Line Fertility, Ltd. lawsuit filed by an anonymous plaintiff Jane Doe in the Court of Common Pleas of Philadelphia County, Pennsylvania claimed that using these tools without the patient’s knowledge or permission amounted to negligence and a violation of the Pennsylvania Unfair Trade Practices Act. The lawsuit additionally stated claims of unjust enrichment, invasion of privacy, and breach of implied contract.
On September 19, 2024, Main Line Fertility Center claimed that no wrongdoing was done and filed its objections to the lawsuit. Nevertheless, the court rejected the objections and instructed Main Line Fertility Center to file an answer to the plaintiff’s lawsuit, which was submitted on February 6, 2024. Following extensive discovery attempts and settlement conversations, Main Line Fertility Center agreed to take part in private mediation, and decided on the material terms of a settlement. The court already gave preliminary approval of the finalized terms of the settlement.
According to the terms of settlement, class members will receive a cash payment and a membership to Privacy Shield Pro. Class members may submit a claim to receive a one-time $35 cash payment, and in case they file a valid and timely claim, they will be given a code to register for the Privacy Shield Pro product. Main Line Fertility Center likewise will pay attorneys’ fees and costs, service awards for the class representatives, and settlement administration costs.
The last day for opting out of and objecting to the settlement is December 1, 2025. Individuals may file claims until December 29, 2025. The schedule of the final fairness hearing is January 6, 2026.