Class Action Lawsuit Filed Against Healthcare Provider for Use of Meta/Facebook Tracking Pixels

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Published: 9/1/2026

A class action lawsuit was filed in a Colorado federal district court on August 5, 2026 against the University of Colorado Health (UCH) alleging UCH’s “intentional interception and disclosure of Plaintiff’s and Class Members’ confidential personally identifiable information and protected health information through [UCH’s] implementation and use of the Meta/Facebook tracking pixel on its website, including Defendant’s ‘Find a Doctor’ tool” and patient portal, in violation of HIPAA and the federal Electronic Communications Privacy Act.

The plaintiff in the action is a patient of UHC and filed the lawsuit on his own behalf and on behalf of other similarly situated individuals. In the Complaint filed in the action, the plaintiff alleged that UHC’s Find a Doctor Tool website was configured by UHC to cause the contents of communication made by website users (including patients and prospective patients) to be contemporaneously duplicated and transmitted to Meta/Facebook, together with identifying information such as IP addresses, device identifiers, browser identifiers, cookie identifiers, and/or Facebook-linked identifiers. The plaintiff further alleged that UHC configured the Meta/Facebook tracking pixel and/or similar technologies on its patient portal.

In light of this lawsuit and others like it, HIPAA covered entities and their business associates should take heed. Website, patient portal pages, and configurations should be carefully reviewed to ensure that tracking technologies are not being implemented in a manner that would result in impermissible disclosures of protected health information, for example, to tracking technology vendors for marketing purposes without individual authorizations. The Department of Health & Human Services has issued guidance on this topic, as modified by an order issued by the U.S. District Court for the Northern District of Texas, as described in the guidance.

CLICK HERE TO READ THE FULL SEPTEMBER 2026 HEALTHCARE LAW UPDATE NOW

IF YOU NEED ASSISTANCE WITH YOUR ORGANIZATION’S PRIVACY AND SECURITY PROGRAM, CONTACT:
Lani M. Dornfeld, CHPC | 973.403.3136 | ldornfeld@bracheichler.com

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

Related Practices:   Healthcare Law

Related Attorney:   Lani M. Dornfeld

Related Industry:   Healthcare