Sage Dental Lawsuit: Tracking, Discrimination, and Defamation Cases

The most significant Sage Dental lawsuit currently pending is Moreno v. Sage Dental Management, LLC, a federal class action in the Middle District of Florida alleging the company’s website secretly shared patients’ health information with third-party advertisers. It survived a motion to dismiss in March 2026 and is set for a jury trial in December 2027. Sage Dental, a Boca Raton–based dental service organization with more than 150 affiliated practices across the Southeast, has also been the subject of an employment discrimination case, an ADA website accessibility suit, and an insurance coverage dispute in recent years, and one of its affiliated dentists has a pending defamation case tied to online reviews.

The Website Tracking Class Action

Daniel Moreno and Taylor Rummel filed suit in 2025 in the U.S. District Court for the Middle District of Florida (No. 6:25-cv-01043). Their complaint alleges that Sage Dental embedded tracking technologies on its website that captured visitors’ confidential medical information and disclosed it to third parties for advertising, without patient knowledge or consent.1PACER Monitor. Moreno et al v. Sage Dental Management, LLC

The plaintiffs bring four claims:

  • Violation of the Florida Security of Communications Act (FSCA)
  • Violation of the federal Electronic Communications Privacy Act
  • Breach of confidence
  • Unjust enrichment

The theory is that when patients typed health-related information into Sage Dental’s website, tracking tools intercepted those communications and relayed them to outside companies.1PACER Monitor. Moreno et al v. Sage Dental Management, LLC

Where the Case Stands

The court stayed the case in February 2026 for mediation. After talks stalled in early March, the stay was lifted. On March 12, 2026, Judge Julie S. Sneed denied Sage Dental’s motion to dismiss, finding the plaintiffs had plausibly stated their claims. Sage Dental filed its answer and affirmative defenses on April 2, 2026. The jury trial is scheduled for December 2027.1PACER Monitor. Moreno et al v. Sage Dental Management, LLC

An August 2025 corporate disclosure in the case identified TBG NMS Holdings, Inc. as Sage Dental Management’s corporate parent.1PACER Monitor. Moreno et al v. Sage Dental Management, LLC

Why the FSCA Claim Matters

Florida courts had, for years, mostly rejected FSCA claims tied to website tracking, treating captured data such as mouse clicks and keystrokes as technical rather than substantive “communications” under the statute. That changed in March 2025, when a federal judge in the Middle District of Florida let an FSCA claim proceed in W.W. v. Orlando Health, Inc., finding that tracking pixels on a healthcare website could capture substantive messages about patients’ health concerns.2Sidley Austin LLP. Florida Federal Court Puts Florida’s Security of Communications Act in Play in the Ongoing Wave of Website Privacy Class Actions

The Orlando Health case itself was later dismissed by joint agreement in February 2026 before a merits ruling, but its reasoning has been picked up by other Florida cases, including Moreno.2Sidley Austin LLP. Florida Federal Court Puts Florida’s Security of Communications Act in Play in the Ongoing Wave of Website Privacy Class Actions Under the FSCA, remedies can include actual damages or statutory damages of $100 per day or $1,000 (whichever is greater), punitive damages for willful violations, and attorneys’ fees for the prevailing party.

The Pregnancy Discrimination Case

A separate suit, Daneshpajouh v. Sage Dental Group of Florida (S.D. Fla. No. 0:19-cv-62700), came from a dentist fired in November 2017. She alleged pregnancy-based sex discrimination and retaliation under Title VII and the Florida Civil Rights Act, interference and retaliation under the Family and Medical Leave Act, and retaliation under the Florida Whistleblower Act.3Midpage. Daneshpajouh v. Sage Dental Group of Florida

The district court granted summary judgment to Sage Dental on all claims, and the Eleventh Circuit affirmed in January 2023. Sage Dental then moved for attorneys’ fees. In June 2023, the court denied the request entirely, finding no bad faith by the plaintiff, noting discovery misconduct by the defendants had lengthened the litigation, and concluding that the employment agreement’s prevailing-party clause was not clearly drafted to cover independent civil-rights claims. The judge also declined to award fees under the Florida Whistleblower Act, citing the wealth gap between the parties and the risk of deterring future meritorious claims.3Midpage. Daneshpajouh v. Sage Dental Group of Florida

The Affiliated Dentist’s Defamation Suit

Dr. Jason Hersh, a periodontist affiliated with Sage Dental, sued William Sands in Palm Beach County Circuit Court in January 2024. Hersh alleges Sands ran a systematic campaign of false and defamatory statements about his medical care, personal life, and professional reputation, and created a fraudulent persona with fictitious identification to publish them.4Boca News Now. Boca Raton Dentist Sues Over Bad Reviews

The complaint has three counts: defamation per se, tortious interference with Hersh’s business relationship with Sage Dental, and a claim under Florida’s civil remedies statute for criminal activity involving the alleged fraudulent use of personal identification. Hersh seeks damages over $50,000, threefold actual damages on the criminal-activity count, attorneys’ fees, and a court order requiring Sands to retract and delete the posts.5Boca News Now. Dr. Jason Hersh Lawsuit Complaint The reviews’ content was sealed. The case remains pending and is set for a jury trial.6UniCourt. Hersh, Jason v. Sands, William

Older and Smaller Matters

In January 2021, ADA litigant Andres Gomez sued Sage Dental Management in Florida federal court, alleging the company’s website did not meet WCAG 2.0 accessibility standards for visually impaired users. The complaint cited missing text equivalents for images, screen-reader incompatibility, and missing descriptive page titles, and sought a declaration of ADA Title III and Rehabilitation Act Section 504 violations, an injunction requiring compliance, and attorneys’ fees.7Accessibility.com. Gomez v. Sage Dental Management The case’s resolution is not reflected in available records.

In August 2021, Sage Dental itself sued its insurer, Stratford Insurance Company, in the Southern District of Florida (No. 9:21-cv-81542), alleging Stratford refused to defend it against a suit brought by a rival dental company. The parties settled in June 2022, roughly ten months after filing.8Law360. Dental Co., Insurer Reach Settlement in Coverage Row

About the Company Being Sued

Sage Dental was founded in 1997 in South Florida by Angelo Del Zotto as a single practice and now operates more than 150 practices across Florida, Georgia, Tennessee, Alabama, and South Carolina, with expansion into Kentucky expected.9Sage Dental. Sage Dental Expands National Reach Through Strategic Partnership With Curaechoice The management company is headquartered in Boca Raton and provides administrative support to affiliated practices offering general, specialty, and cosmetic care. Linden Capital Partners, a healthcare-focused private equity firm, acquired the platform in October 2012 and still lists Sage Dental as a current portfolio investment.10Linden Capital Partners. Sage Dental Management Tom Marler has been CEO since 2018.11Sage Dental. Sage Dental Leadership