The largest active Kaiser settlement is a class action against Kaiser Foundation Health Plan, Inc. over website and app tracking that allegedly sent patient data to Google, Microsoft, X, Adobe, and Quantum Metric. Kaiser agreed to pay at least $46 million, and up to $47.5 million, to resolve claims covering roughly 13.1 million members in California, Colorado, Georgia, Hawaii, Maryland, Oregon, Virginia, Washington, and the District of Columbia.1Kaiser Privacy Breach Settlement. Kaiser Privacy Breach Settlement Two other Kaiser settlements are also in play: a $10.5 million deal over unwanted marketing texts that has already paid out, and a U.S. Department of Labor settlement of more than $31 million covering California members who had to pay out-of-network for mental health care.
What the Privacy Case Alleges
Kaiser Permanente embedded tracking pixels and analytics code from third-party vendors on its patient-facing websites, patient portals, and mobile apps. According to the consolidated complaint, that code collected names, IP addresses, sign-in status, health encyclopedia search terms (symptoms, drugs, injuries), and details about interactions with providers and prescriptions, then transmitted the data back to the vendors.2TechCrunch. Kaiser Permanente Health Plan Millions Data Breach
Kaiser found the issue through an internal investigation, acknowledged on October 25, 2023, that third-party vendors had received protected health information, and reported the breach to the Office for Civil Rights on April 12, 2024, as an unauthorized disclosure under HIPAA.3Healthcare Finance News. Kaiser Reports 13.4 Million People Affected by Data Breach Notices went out to about 13.4 million current and former members starting around May 8, 2024.4Los Angeles Times. Kaiser Permanente Notifies 13.4 Million Members of Data Breach Kaiser removed or modified the tracking code by November 2023.5Kessler Topaz Meltzer & Check, LLP. Kaiser Foundation Health Plan, Inc.
The consolidated complaint, filed in the U.S. District Court for the Northern District of California before Judge Edward M. Chen, raised claims of negligence, invasion of privacy, breach of contract, and violations of the California Confidentiality of Medical Information Act and the federal Electronic Communications Privacy Act.6HIPAA Journal. Kaiser Permanente Website Tracker Breach Affects 13.4 Million Individuals Kaiser denies the allegations and has said the settlement is not an admission of wrongdoing, adding that it has “not identified any members’ private information being misused or at risk.”7BankInfoSecurity. Kaiser Permanente to Pay Up to $47.5M in Web Tracker Lawsuit
Who Qualifies and How Much They Get
The settlement class includes Kaiser Permanente members in California, Colorado, Georgia, Hawaii, Maryland, Oregon, Virginia, Washington, or the District of Columbia who accessed authenticated pages of Kaiser websites or mobile apps between November 2017 and May 2024. That covers an estimated 13.1 million people.8ClassAction.org. Up to $47.5M Kaiser Settlement Ends Class Action Lawsuit Over Alleged Disclosure of Patient Info
Members who submitted a valid claim can expect an estimated $20 to $40 each, paid pro rata from the net settlement fund after attorneys’ fees, litigation costs, and service awards. Class counsel sought up to $15,675,000 in fees, up to $900,000 in costs, and a combined $40,000 in service awards for the eight named plaintiffs.1Kaiser Privacy Breach Settlement. Kaiser Privacy Breach Settlement
Deadlines and Where the Case Stands
Judge Chen granted preliminary approval on December 5, 2025.5Kessler Topaz Meltzer & Check, LLP. Kaiser Foundation Health Plan, Inc. The deadline to submit a claim, opt out, or object was March 12, 2026, and the fairness hearing for final approval was scheduled for May 7, 2026. As of mid-2026, the settlement remained pending final approval and no payments had been distributed.1Kaiser Privacy Breach Settlement. Kaiser Privacy Breach Settlement
Claims are administered by Strategic Claims Services, Inc. Members submitted claims at KaiserPrivacySettlement.com or by mail using a unique class member ID from their settlement notice; those without a notice could request an ID through the settlement site using their Kaiser-associated email address.8ClassAction.org. Up to $47.5M Kaiser Settlement Ends Class Action Lawsuit Over Alleged Disclosure of Patient Info
The $10.5 Million Text Message Settlement (Already Paid)
In a separate case, Fried v. Kaiser Foundation Health Plan, Inc., Kaiser agreed to pay $10.5 million to settle allegations that it violated the federal Telephone Consumer Protection Act and Florida’s Telephone Solicitation Act by continuing to send marketing texts to people who had opted out.9Top Class Actions. $10.5M Kaiser Permanente Text Message Class Action Settlement
The class covered a nationwide group who received more than one Kaiser marketing text within a 12-month window after replying “stop,” plus a Florida-specific class for residents who received texts at least 15 days after opting out, all between January 21, 2021, and August 20, 2025.10HIPAA Journal. Kaiser Foundation Health Plan Telephone Consumer Protection Act Lawsuit Eligible members could recover up to $75 per qualifying text, subject to pro rata reduction. Final approval came on January 28, 2026, and payments were distributed on March 16, 2026.11Kaiser TCPA Settlement. Kaiser TCPA Settlement
The DOL Mental Health Settlement (Claims Open to California Members)
On February 10, 2026, the U.S. Department of Labor announced that Kaiser had agreed to pay at least $28,323,219 to reimburse California members who had to seek out-of-network mental health and substance use disorder treatment because Kaiser failed to provide timely in-network care. Kaiser also agreed to a $2,832,321 federal penalty.12U.S. Department of Labor. EBSA News Release
The Employee Benefits Security Administration alleged that Kaiser failed to maintain adequate provider networks and improperly used patient questionnaire responses to keep patients from receiving care. Kaiser agreed to reduce appointment wait times, improve care review, and monitor network adequacy.13Plan Sponsor. Kaiser to Pay $28M in Mental Health Care Settlement With DOL
Eligibility is narrower than the privacy class. You qualify only if you were a California member in an employer-sponsored plan who participated after January 1, 2021, and paid out-of-network for mental health or substance use treatment after being unable to access in-network care. Medicare Advantage members are excluded. Claims are submitted through OutofNetworkHealthClaims.com within 180 days of receiving notice, with billing records, proof of payment, and provider information.14Out of Network Health Claims. FAQs
Related Kaiser Actions That Are Not Class Payouts
Two other Kaiser resolutions sometimes get grouped with the settlements above but do not put money in individual members’ hands the same way. In October 2023, the California Department of Managed Health Care reached a $200 million agreement with Kaiser that included a $50 million fine, the largest the agency has ever levied against a health plan, and required Kaiser to invest $150 million over five years in behavioral health services.15CalMatters. Kaiser Permanente California Behavioral Health Settlement The DMHC extended its consultation period through October 10, 2026.16California Department of Managed Health Care. Kaiser Settlement Agreement
A $3 million hearing-aid coverage settlement in Schmitt v. Kaiser Foundation Health Plan of Washington is already closed. It covered enrollees in certain Kaiser Washington plans from October 30, 2014, through December 31, 2023, received final approval on April 18, 2024, and paid reimbursement checks on December 20, 2024, at 49.22% of approved claims.17KP Hearing Aid Settlement. Frequently Asked Questions