The Aeroflow class action lawsuit is a pending federal case accusing Aeroflow Health of systematically overbilling insurance for durable medical equipment, including charging for products that were never delivered, never ordered, or swapped for cheaper models than what insurers paid for. As of mid-2026, the case is still in active litigation. No settlement has been approved by the court, no claims portal is open, and there is no deadline to file.
What the Lawsuit Alleges
The complaint targets Aeroflow’s billing across its product lines, which include breast pumps, CPAP supplies, incontinence products, and compression garments. Four practices sit at the center of the case:
- Submitting insurance claims for products before they shipped.
- Upcoding, meaning billing insurers for premium equipment while shipping lower-tier models.
- Phantom billing for products or accessories patients never ordered or received.
- Inflating quantities beyond what was actually provided.
The case invokes federal consumer protection laws and potentially the False Claims Act, because the alleged conduct touches Medicaid and Medicare payments.
Where the Case Stands
The lawsuit is pending in federal district court. It has survived initial motions to dismiss, discovery is ongoing, and a motion for class certification has been filed or is pending. A February 2026 Law360 report described a tentative deal in a durable medical equipment overbilling suit, but it has not been definitively confirmed that the report refers to this Aeroflow case.
Until a court approves a settlement, nothing is payable and no claims are being collected.
Who Is Covered by the Proposed Class
The proposed class is national and covers consumers in all 50 states whose insurance was billed by Aeroflow for durable medical equipment where the billing was inaccurate, unauthorized, or fraudulent. You do not have to have paid out of pocket to qualify. Insurance overbilling by itself is treated as a form of harm in this case.
Can You File a Claim Yet
No. Because there is no approved settlement, there is no claims administrator, no filing portal, and no deadline. If the court approves a settlement, a claims window will open, and in similar cases those windows have typically run 30 to 120 days from approval.
The useful step now is preserving records. Documents that tend to matter in billing fraud claims include:
- Insurance Explanations of Benefits (EOBs), which show what Aeroflow billed the insurer and let you compare that against what you actually received.
- Order confirmations and billing statements from Aeroflow.
- Delivery records, or evidence that items never arrived.
- Correspondence about billing disputes, returns, or collections.
In comparable durable medical equipment billing fraud cases, individual payouts have historically ranged from $25 to over $1,000, depending on the settlement fund size and how many valid claims are filed.
The Arbitration Clause and Class Action Waiver
Aeroflow updated its terms and conditions in late 2025 to add a mandatory arbitration clause and a class action waiver. Under the current terms, customers agree to resolve disputes individually through the American Arbitration Association, waive the right to participate in class actions, and waive the right to a jury trial.
The terms carry several exceptions. Customers can opt out of arbitration by sending written notice via certified mail to Aeroflow’s Asheville address within 30 days of first accepting the terms. Disputes that qualify for small claims court are exempt. Most importantly for this litigation, the arbitration clause does not apply to customers whose last purchase was on or before April 10, 2024. Many of the consumers whose billing is at issue likely fall outside the waiver’s reach on that basis alone.
The enforceability of class action waivers in cases involving alleged fraud is frequently contested, so the practical impact of Aeroflow’s waiver on this case is still an open question.
A Separate Data Privacy Investigation
A different matter sometimes gets confused with this case. Attorneys previously investigated AeroflowBreastpumps.com over suspicions that tracking tools on the site shared user information, including healthcare data, credit card details, purchase histories, and geographic data, with TikTok without consent, potentially violating state and federal wiretapping laws. According to ClassAction.org, that investigation is no longer signing up affected consumers and is listed under “Previous Investigations.” It is separate from the billing fraud class action described above.