On a motion to dismiss, Judge Marilyn L. Huff, in the Southern District of California, dismissed the putative class action for lack of Art III standing.
Background. Plaintiff alleged that FutureHealth’s telehealth platform required users seeking weight-loss treatment to complete an intake questionnaire containing sensitive health information before creating an account or accessing services. According to the complaint, the website used tracking technologies, including a Taboola pixel, that allegedly transmitted users’ quiz responses and identifying information to third parties. Plaintiff asserted claims under CIPA, the ECPA, New York consumer-protection law, and unjust enrichment.
The Court’s Analysis. The court dismissed the complaint for lack of Article III standing. Relying on the Ninth Circuit’s decision in Popa v. Microsoft Corp., the court acknowledged that the unauthorized disclosure of medical information can constitute a concrete privacy injury because such information is highly sensitive and closely resembles traditionally recognized privacy harms. The problem, however, was that the complaint alleged FutureHealth transmitted users’ intake-quiz responses to Taboola only when a user completed the quiz and then proceeded to purchase a product. While plaintiff alleged that she completed the qualification survey, she did not allege that she purchased a product or otherwise took the step that allegedly triggered disclosure of her responses. As a result, the complaint failed to plausibly allege that plaintiff’s own medical information was actually disclosed to a third party, leaving her without a concrete injury sufficient to establish standing.
Significance. Plaintiffs must connect a tracking practice to disclosure of their own data to establish standing, even when the alleged data is highly sensitive health information.
Hickey v. Futurehealth, Inc., No. 25-CV-03051-H-DDL, 2026 WL 1349512 (S.D. Cal. May 14, 2026).
