What Is the Kaiser Lawsuit?
The Kaiser lawsuit is a group of separate legal cases against Kaiser Permanente affiliates, led by a federal class action over tracking code on Kaiser's websites and apps. Searches for a "Kaiser lawsuit" usually point to one of three resolved matters: a privacy class action, a text message class action, and a federal Medicare Advantage fraud case.
The privacy case is Doe v. Kaiser Foundation Health Plan, Inc., filed in the U.S. District Court for the Northern District of California. The text message case and the Medicare case are separate proceedings in different courts, and each is covered under its own heading below.
None of the three is a multidistrict litigation. The privacy case certified a settlement class, which the court defined as follows.
“The Court hereby certifies for the purposes of the Settlement only, the Action as a class action pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure on behalf of the following Settlement Class: Any and all Kaiser members in the Kaiser Operating States, subject to the exclusions below, who accessed the authenticated pages of the Kaiser Permanente websites or mobile applications listed below from November 2017 to May 2024.”
Source: Source: U.S. District Court, Northern District of California, Doe v. Kaiser Foundation Health Plan, Inc., Case No. 3:23-cv-02865-EMC, Final Order and Judgment Approving Settlement and Dismissing the Action With Prejudice, Document 459 (July 22, 2026)
Why Are People Filing Kaiser Lawsuits?
People are filing Kaiser lawsuits because plaintiffs allege Kaiser let advertising and analytics companies collect members' activity on its websites and apps, texted people who had opted out, and inflated Medicare diagnoses.
In the privacy case, the consolidated complaint says patients expected their use of Kaiser's websites and apps to stay confidential. It alleges that code from outside companies copied details of that use while the communications were in transit. The complaint's own section headings name Quantum Metric, Adobe, Twitter, Microsoft Bing, and Google as recipients, and news coverage adds Meta.
The first class action was filed in June 2023, and Kaiser later notified federal health regulators about the issue in April 2024. Kaiser denies the allegations and says it settled to end the burden and uncertainty of further litigation.
The other two cases have different roots. A Florida text message suit alleges Kaiser sent marketing texts after recipients replied "STOP," and the federal Medicare suit grew out of whistleblower complaints about how Kaiser documented diagnoses.
What Injuries Are Included in the Kaiser Lawsuit?
The injuries included in the Kaiser lawsuit are mostly privacy and financial harms, not physical injuries. The cases group them into four categories: disclosure of health-related information, invasion of privacy, unwanted text messages, and inflated Medicare payments.
Kaiser denies the privacy allegations, and no court has ruled on their merits, because the cases ended in settlements rather than judgments after trial.
Disclosure of Health-Related Information
Disclosure of health-related information means that details about a person's health activity, such as searches, appointments, or portal use, reach a party the person did not choose to share them with.
The privacy complaint alleges that code on Kaiser's websites and apps passed members' IP addresses, sign-in status, and browsing and search activity to third parties. Reports on Kaiser's April 2024 notice describe the shared data as including IP addresses, sign-in statuses, and navigation on its sites and apps, including searches in its health encyclopedia.
Coverage of the settlement says the data possibly included care-related details extracted from logged-in portal use, such as search queries and lab results. The settlement covers people who used the authenticated, logged-in pages.
Invasion of Privacy
Invasion of privacy is a legal claim that someone intruded on a matter a person reasonably expected to keep private.
The consolidated complaint pleads more than 20 claims for relief on this theory. They include the federal Electronic Communications Privacy Act, the California Invasion of Privacy Act, common law intrusion upon seclusion, the California Constitution, and the California Confidentiality of Medical Information Act, plus statutes from other states Kaiser serves.
The claims were pleaded for a multistate class in nine jurisdictions, with state sub-classes as an alternative where a state's law differs.
Unwanted Telemarketing Texts
An unwanted telemarketing text is a marketing message sent to a phone number after the recipient has told the sender to stop, a practice the Telephone Consumer Protection Act regulates.
The Florida text message case alleges Kaiser sent promotional texts to people who had already replied "STOP," which the plaintiff says violated the federal Telephone Consumer Protection Act and the Florida Telephone Solicitation Act. The harm claimed is the intrusion of repeated unwanted messages, not any health-related disclosure.
Inflated Medicare Payments
Inflated Medicare payments are overpayments a health plan receives from the government when the diagnoses it reports make patients appear sicker than the medical records support.
The government alleged Kaiser pressured physicians to add diagnoses after patient visits so Kaiser could collect higher risk adjustment payments for Medicare Advantage enrollees. The injured party in that case is the federal government and, through it, taxpayers, not individual members.
This is why the Medicare case has no claims process for the public. Only the whistleblowers who brought the original suits share in that recovery.
Who Qualifies for the Kaiser Lawsuit?
You may qualify if:
- You were a current or former Kaiser Permanente member in California, Colorado, Georgia, Hawaii, Maryland, Oregon, Virginia, Washington, or the District of Columbia
- You accessed the logged-in pages of a listed Kaiser website or app, such as the Kaiser Permanente App or My Doctor Online, between November 2017 and May 2024
- You submitted a valid claim form by the March 12, 2026 deadline to receive a payment
You may not qualify if:
- You validly excluded yourself from the settlement class, as 22,599 people did
- You are one of the 21 members the final order lists as having chosen to arbitrate instead
- You are a judge, class counsel, or a Kaiser affiliate or officer excluded by the class definition
The March 12, 2026 claims deadline has already passed. This summary describes the privacy settlement class for reference, and only the settlement administrator's records can confirm whether a specific person was a class member or filed a timely claim.
What Is the Current Status of the Kaiser Lawsuit?
The current status of the Kaiser lawsuit is that all three main matters have resolved by settlement and the public claims windows have closed. The privacy settlement has final approval and is in claims processing, while the Medicare case resolved with a payment to the government.
Doe v. Kaiser Foundation Health Plan, Inc., No. 3:23-cv-02865-EMC
The first Doe complaint was filed in the Northern District of California in June 2023. The court consolidated it with the later Sutter and Newton actions and plaintiffs filed a consolidated master complaint on December 6, 2024.
Judge Edward M. Chen granted preliminary approval on December 5, 2025. The fairness hearing was held on May 7, 2026 and continued to July 2, 2026, and the court entered the final order on July 22, 2026. Before the settlement, a trial had been set for January 25, 2027.
| Proceeding Type | Federal class action settlement (not an MDL) |
| Court | U.S. District Court, Northern District of California |
| Judge | Edward M. Chen |
| Defendants | Kaiser Foundation Health Plan, Inc.; Kaiser Foundation Hospitals; Kaiser Foundation Health Plan of Washington (the settling defendant is Kaiser Foundation Health Plan, Inc.) |
| Settlement | $46 million, up to $47.5 million under a confidential supplemental agreement |
| Class Counsel | Kessler Topaz Meltzer & Check, LLP and Carella, Byrne, Cecchi, Brody & Agnello, P.C. |
| Settlement Administrator | Strategic Claims Services, Inc. |
| Settlement Status | Final order entered July 22, 2026; claims being processed |
Fried v. Kaiser Foundation Health Plan, Inc., No. 2025-016220-CA-01
The Florida text message case settled for $10.5 million and received preliminary approval on October 1, 2025. Reports list a final approval hearing for January 28, 2026 and a claims deadline of February 12, 2026.
This page could not confirm the final approval order from a court or administrator source. One settlement tracker reports payments went out on March 16, 2026, and that report is unverified.
| Proceeding Type | State court class action settlement |
| Court | Florida Eleventh Judicial Circuit, Miami-Dade County |
| Claims | Telephone Consumer Protection Act and Florida Telephone Solicitation Act |
| Settlement | $10.5 million |
| Class Period | January 21, 2021 to August 20, 2025 |
| Payment | Up to $75 per qualifying text, reduced pro rata if claims exceed the fund |
| Claims Deadline | February 12, 2026 (passed) |
United States v. Kaiser Foundation Health Plan, Inc. et al. (False Claims Act)
The United States filed its complaint in the Northern District of California in October 2021, consolidating allegations from six whistleblower suits. The Justice Department announced the $556 million resolution on January 14, 2026.
The agreement states there has been no determination of liability, and Kaiser has said the settlement includes no admission of wrongdoing.
| Proceeding Type | Federal civil False Claims Act case, resolved by settlement agreement |
| Court | U.S. District Court, Northern District of California |
| Settling Defendants | Kaiser Foundation Health Plan, Inc.; Kaiser Foundation Health Plan of Colorado; The Permanente Medical Group, Inc.; Southern California Permanente Medical Group; Colorado Permanente Medical Group, P.C. |
| Settlement | $556 million, with a $95 million relator share |
| Alleged Conduct | Pressuring physicians to add Medicare Advantage diagnoses after visits, 2009 to 2018 |
| Settlement Status | Announced January 14, 2026 |
How Much Is the Kaiser Class Action Lawsuit Payout Per Person?
The Kaiser class action lawsuit payout per person has not been paid or confirmed, and the privacy settlement notice estimated $20 to $40 per valid claim. The official settlement website currently says only that claims are being processed.
The actual amount depends on the number of valid claims and the net fund left after administration costs, attorneys' fees, expenses, and service awards. Only the settlement administrator can confirm timing or the amount for a specific claim.
The $46 million privacy fund pays class members and also covers administration, fees, and service awards. The court awarded class counsel $13,000,000 in fees and $598,431 in expenses, and the settlement notice had said counsel could seek up to $15,675,000 in fees.
The notice estimate predates the final fee award, so the final per-person figure may differ from $20 to $40. No source this page checked reports the final number.
The text message settlement pays up to $75 for each qualifying text, which differs from the flat pro rata structure of the privacy fund. Neither settlement accepts new claims now.
The $556 million Medicare payment goes to the federal government, and the whistleblowers share $95 million of it. Members of the public do not receive a payment from that case.
Kaiser Lawsuit Updates
Here are the latest Kaiser lawsuit updates, covering new court filings, rulings, and case-count reports as they're confirmed. A settlement in the Kaiser privacy class action was reached as of November 2026, detailed in the timeline below. See the full timeline below for every confirmed development since the litigation began.
Kaiser Lawsuit Timeline of Events
Settlement Website Reports Claims Are Being Processed
The official Kaiser privacy settlement website reports that claims are being processed and that the court has issued its final order. It lists no payment date, and this page found no record of an appeal from the July 22, 2026 judgment.
Court Enters Final Order in the Kaiser Privacy Class Action
Judge Edward M. Chen of the Northern District of California entered the final order approving the $46 million Kaiser privacy settlement and dismissing Doe v. Kaiser Foundation Health Plan, Inc. with prejudice. A companion order awarded $13,000,000 in attorneys' fees and $598,431 in expenses.
Court Rules on Fees and the Cy Pres Recipient
In a July 14, 2026 order in the Kaiser privacy class action, Judge Chen found the Institute for Public Health Innovation was not an appropriate cy pres recipient and approved the Privacy Rights Clearinghouse instead. The same order set the fee award entered a week later.
Continued Fairness Hearing Held
The Northern District of California held the continued fairness hearing in the Kaiser privacy case on July 2, 2026, after the court continued the May 7 hearing. The court had received objections and 22,599 requests for exclusion by then.
Fairness Hearing Held by Video Conference
Judge Chen held the first fairness hearing in the Kaiser privacy settlement on May 7, 2026 by Zoom. He deferred ruling on whether one proposed cy pres recipient was appropriate, and he continued the hearing.
Claims, Opt-Out, and Objection Deadline Passes in the Kaiser Privacy Settlement
Class members had until March 12, 2026 to file a claim, request exclusion, or object in the Kaiser privacy class action. Claims filed after that date are not eligible for payment from the $46 million fund.
Claims Deadline Passes in the Kaiser Text Message Settlement
The claims deadline in Fried v. Kaiser Foundation Health Plan, Inc., the Florida text message class action, passed on February 12, 2026. The $10.5 million settlement paid up to $75 per qualifying text.
Final Approval Hearing Set in the Kaiser Text Message Settlement
The Miami-Dade court scheduled the final approval hearing in the Kaiser text message class action for January 28, 2026. This page could not confirm the final approval order from a court or administrator source.
Kaiser Affiliates Agree to Pay $556 Million to Resolve False Claims Act Allegations
The Justice Department announced on January 14, 2026 that five Kaiser Permanente affiliates agreed to pay $556 million to resolve allegations they submitted invalid Medicare Advantage diagnosis codes. Whistleblowers Ronda Osinek and James Taylor share $95 million, and Kaiser admitted no wrongdoing.
Court Grants Preliminary Approval of the Kaiser Privacy Settlement
Judge Chen granted preliminary approval of the $46 million Kaiser privacy settlement on December 5, 2025. It followed an amended stipulation of settlement dated December 1, 2025 and set the notice and fairness hearing schedule.
Preliminary Approval Granted in the Kaiser Text Message Settlement
The Florida court granted preliminary approval of the $10.5 million Kaiser text message settlement on October 1, 2025. The class covers people sent more than one text within 12 months between January 21, 2021 and August 20, 2025 after opting out.
Consolidated Master Complaint Filed in the Kaiser Privacy Case
Plaintiffs filed the consolidated master class action complaint in Doe v. Kaiser Foundation Health Plan, Inc. on December 6, 2024. It combined the first-filed Doe case with the Sutter and Newton actions and pleaded more than 20 claims for relief.
Kaiser Reports Website and App Tracking Incident to Federal Regulators
Kaiser Permanente notified the U.S. Department of Health and Human Services Office for Civil Rights on April 12, 2024 about an incident reported as affecting about 13.4 million people who used its websites or apps. Coverage said the data included IP addresses, sign-in status, and browsing activity.
First Complaint Filed in the Kaiser Privacy Case
The first complaint in what became Doe v. Kaiser Foundation Health Plan, Inc., No. 3:23-cv-02865-EMC, was filed in the Northern District of California in June 2023. The court later allowed the plaintiffs to proceed anonymously.
United States Files Medicare Advantage Complaint Against Kaiser Affiliates
The United States filed its False Claims Act complaint against Kaiser affiliates in the Northern District of California in October 2021. The complaint consolidated allegations from six whistleblower suits, the earliest filed in 2013.
How to File a Kaiser Lawsuit
Filing a Kaiser lawsuit typically follows the 6 steps below.
- Identify which Kaiser matter fits your situation: The privacy, text message, and Medicare cases each have different class definitions, so the matter that applies depends on how you used Kaiser's sites, apps, or phone messaging.
- Check whether the claims window is still open: The text message claims deadline was February 12, 2026 and the privacy claims deadline was March 12, 2026, so both public windows have closed.
- Gather your settlement notice and member records: Keep the email or mailed notice with your unique Settlement Class Member ID, plus any claim confirmation, so you can ask the administrator about a payment.
- Contact the settlement administrator about missing notices or payments: The administrator for the privacy settlement is Strategic Claims Services, Inc., and its contact details are on the official settlement website.
- Review Kaiser's arbitration terms before considering an individual claim: The final order lists 21 members who chose to arbitrate, so an individual dispute may follow a different route than a court filing.
- Speak with a qualified attorney about deadlines: Whether an individual claim remains possible, for example after opting out, depends on state limitation periods and the facts of your case.
Kaiser Lawsuit is no longer accepting new claims. The court entered final approval of the Kaiser privacy settlement on July 22, 2026, the March 12, 2026 claims deadline has passed, and the Kaiser text message claims deadline of February 12, 2026 has also passed, so no new claims can be submitted in either settlement.
What Did Kaiser Allegedly Know About Tracking Code and Medicare Diagnoses?
Plaintiffs in the privacy case allege Kaiser knowingly installed third-party code that copied members' activity and did not obtain their consent. Kaiser denies those allegations, and the settlement states it is not an admission of fault.
The Justice Department alleged that Kaiser officials knew the diagnosis practices were widespread and unlawful and ignored internal warnings, according to coverage of the government's filings. Kaiser says the Medicare case involved a dispute over how to interpret documentation requirements.
| Party | Role | Position |
|---|---|---|
| Kaiser Foundation Health Plan, Inc. | Defendant in the privacy case and settling defendant in the Medicare case | Denies the privacy allegations and admitted no wrongdoing in the Medicare settlement |
| Kaiser Foundation Hospitals and Kaiser Foundation Health Plan of Washington | Named defendants in the privacy case caption | The settling defendant in the final order is Kaiser Foundation Health Plan, Inc. |
| Quantum Metric, Adobe, Twitter, Microsoft Bing, and Google | Companies the consolidated complaint names as recipients of intercepted data | Not named as defendants in the final order; this page found no statement from them |
No court has found that Kaiser violated the law in either matter, because both ended in settlements.
How Does the Kaiser Lawsuit Compare to Related Cases?
Kaiser has faced other legal matters. Each item below is legally distinct from the three cases described above.
| Matter | What It Involves | Relationship to This Page |
|---|---|---|
| August and September 2024 email account incident | Unauthorized access to two Kaiser email accounts, reported to federal regulators as affecting 44,600 people, with names, dates of birth, medical record numbers, and medical information possibly exposed | A separate incident from the website and app tracking case; attorneys were investigating a possible suit, and this page found no filed case |
| Individual patient injury suits | News coverage reports individual malpractice and injury suits against Kaiser entities | Each depends on its own facts and none is covered by the class settlements above |
Frequently Asked Questions
What is the Kaiser lawsuit about?
The Kaiser lawsuit is really several cases, and the largest is a federal class action alleging Kaiser let third-party tracking code collect members' activity on its websites and apps. The other main matters involve unwanted marketing texts and Medicare Advantage billing.
Is the Kaiser lawsuit a class action or an MDL?
The Kaiser privacy lawsuit is a class action, not a multidistrict litigation. It proceeded as Doe v. Kaiser Foundation Health Plan, Inc., No. 3:23-cv-02865-EMC, before one judge in the Northern District of California.
How much is the Kaiser class action settlement?
The Kaiser privacy class action settlement is $46 million, which can rise to $47.5 million under a confidential supplemental agreement. A separate Florida text message class action settled for $10.5 million.
Can I still file a claim in the Kaiser class action?
No, you can no longer file a claim in the Kaiser class action settlements. The privacy claims deadline was March 12, 2026 and the text message claims deadline was February 12, 2026.
When will Kaiser class action settlement payments be sent?
Kaiser class action settlement payments have no confirmed date for the privacy case. The official settlement website says claims are being processed after the July 22, 2026 final order.
Is the Kaiser privacy settlement the same as the $556 million Kaiser settlement?
No. The Kaiser privacy settlement is a $46 million class action over website and app tracking, and the $556 million settlement is a separate federal False Claims Act case over Medicare Advantage diagnoses. Only the privacy and text message settlements had claims for members.
Did Kaiser admit wrongdoing in the lawsuit settlements?
Kaiser did not admit wrongdoing in the privacy or Medicare settlements. Kaiser denies the privacy allegations, and the Medicare settlement includes no admission of wrongdoing or liability.