Judge Grants Preliminary Approval to Mount Nittany Health Settlement of Website Tracking Lawsuit

A Centre County judge this week gave preliminary approval to the settlement of a class-action lawsuit against Mount Nittany Health that could result in payments to tens of thousands of people who used the health system’s websites over the last 18 years.

Mount Nittany Health agreed in December to pay a total of $1.8 million to settle the suit, which alleged it used website tracking technology that surreptitiously shared user information with third-party companies like Facebook and Google.

Following Judge Brian Marshall’s preliminary approval on Monday, individuals eligible for a claim will be notified by mail within 30 days, and from then will have 75 days to file a claim, according to the order.

An estimated 74,000 Pennsylvania residents who accessed Mount Nittany Health’s websites and patient portal since 2007 could be eligible for a share of the settlement fund, according to the agreement.

In addition to the payment, Mount Nittany Health will provide class members who submit a valid claim with a one-year subscription to Privacy Shield Pro. It also agreed to to take measures ensuring use of tracking technology on its websites complies with the Health Insurance Portability and Accountability Act as part of the settlement.

Mount Nittany Health has denied any wrongdoing and admits no liability as part of the settlement.

“As stewards of Mount Nittany Health’s time and resources, we chose to settle rather than engage in a lengthy, expensive and uncertain litigation process,” Tania Luciow, spokesperson for the State College-based health system, wrote in a statement in December. “This does not imply wrongdoing, as the court has found no fault on the part of Mount Nittany Health.”

Mount Nittany Health was among a number of health systems nationwide sued “as part of a recent wave of class action cases challenging the use of common marketing tools frequently used on websites to improve user experience,” Luciow wrote.

The lawsuit filed in 2023 on behalf of two Centre County residents identified only as John Doe and Jane Doe alleged that embedded tracking pixels, including Facebook’s Meta Pixel, on its website to track, record and transmit user information to the third parties without the user’s knowledge. Tracking pixels are code invisible to the user that collect data and make it accessible to third parties.

The tracking technology allows companies like Facebook to then “sell advertising customized to a user’s communications and habits,” and in return provide website owners with advertising analytics and marketing tools, George Bochetto, attorney for the plaintiffs, wrote in the complaint.

The lawsuit claimed that information disclosed included individuals’ status as patients, their searches for information about specific medical conditions and treatments, their medical providers and their physical locations.

Mount Nittany Health denied that any sensitive personal information was shared.

“At Mount Nittany Health, we prioritize patient privacy and deeply value the trust placed in us to protect medical information,” Luciow wrote. “…No data breach occurred, no medical records were shared and no protected health information was disclosed.”

A hearing for final approval of the settlement is scheduled for May 12.