Aspen Dental, a Chicago based Dental Service Organization has agreed to set up a settlement fund of $18.7M to pay out to class action members for their violation of consumer privacy laws by their use of tracking pixels on their website, where the data collected was thereafter sold.

When  you read and really look at the details, the class action members, over 2MM patients, will receive about $15 per person.  Of course, the lawyers will keep the lion's share in their fees.   

We are looking at a new wave of litigation - bottom feeding, blood sucking plaintiff's lawyers targeting healthcare for tracking apps and other traps that will be laid with our technology solutions.    

Caveat Emptor - google and meta face no repercussions here - it is the practice that pays for using the technology.    The facts are not clear that Aspen benefited from the resale of any data.  Aspen may have simply been paying for a scheduling or appointment system provided by Meta and/or Google and now held accountable.   

I write on this car accident event to remind you that all vendors accessing your systems must have an enforceable contract and Business Associate Agreement, whereby they take full financial responsibility for liability created.  

Happy to review BEFORE you sign and start, so we can avoid the mess AFTER an incident. 
  

Have a question for Jennifer?  Email is best.  You can reach her at Jennifer@Kirschenbaumesq.com.  
 
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
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