DaVita $3.8 Million Pixel Privacy Class Action Settlement

If you are a current or past patient of DaVita who visited one of its websites, patient portals, or mobile applications at least once between November 20, 2017, and September 21, 2023, you may be eligible to claim compensation from a class action settlement.

DaVita has agreed to pay $3.8 million to settle a class action lawsuit for allegedly using third-party web tracking and analytics tools that disclosed personal and protected health information to third parties like Facebook and Google.

Who can file a claim?

The settlement class includes all people in the United States who:

• Are or have been patients of DaVita treated at DaVita’s U.S. clinics.
• Visited any websites, patient portals, and/or mobile applications owned, operated, or managed by DaVita or its subsidiaries or affiliates at least once between November 20, 2017, and September 21, 2023.

How much can class members get?

Class members can choose between two types of compensation:

• Privacy Shield: One year of Privacy Shield, a data protection and monitoring service.
• Cash Compensation: A pro-rated cash payment calculated by dividing the Net Settlement Fund, after deducting the cost of Privacy Shield services, by the total number of valid claims received.

For example, if the Net Settlement Fund is $2,000,000 and there are 10,000 valid claims, each claimant would receive $200.

How to claim an award

To claim an award, class members must submit a valid claim form by December 4, 2024. Claims can be submitted online through the online claim form or by mailing a completed form to the settlement administrator.

DaVita Pixel Settlement Administrator

c/o Kroll Settlement Administration

PO Box 5324

New York, NY 10150-5324

Payment methods

• PayPal
• Venmo
• Zelle
• Virtual Prepaid Card
• Physical Check

$3,800,000 settlement fund breakdown

The settlement fund of $3,800,000 will cover various expenses, including:

• Notice and claims administration costs.
• Taxes owed by the settlement fund.
• Service awards for class representatives.
• Attorneys’ fees, costs, and expenses.
• Benefits to settlement class members.

Class Counsel will request up to 35% of the settlement fund for attorneys' fees, which includes the retail value of Privacy Shield services.

Important dates

• Deadline to File a Claim: December 4, 2024
• Final Approval Hearing: December 16, 2024

When is the DaVita Pixel Settlement payout date?

The court will hold a final approval hearing on December 16, 2024, to determine whether the settlement is fair, reasonable, and adequate. If approved, the settlement will become final, and payments will be distributed to eligible class members.

Why is there a class action settlement?

The lawsuit alleges that DaVita used third-party web tracking and analytics tools on its websites, patient portals, and mobile applications, which disclosed users' personal information to companies like Facebook and Google. DaVita denies these allegations but has agreed to settle to avoid the uncertainties and expenses of ongoing litigation.