On Oct. 28, a federal judge partially denied a motion to dismiss a proposed class action accusing Anthem and Elevance Health of sharing member health data with vendors.
Anthem policyholders initially filed the complaint in an Indiana federal court in November 2025 and amended it in February 2026. The lawsuit centers on allegations of Anthem’s website and portals containing hidden tracking tools from outside companies — Adobe, Medallia and Quantum Metric — that shared members’ health-related data without their consent.
Anthem filed a motion to dismiss. However, Judge Matthew Brookman ruled that claims of violating the federal Wiretap Act and breaching fiduciary duty will move forward. The judge said it is too early to determine consent, and evidence will eventually be necessary to prove a fiduciary relationship.
The judge dismissed claims of unjust enrichment and intrusion upon seclusion. The unjust enrichment claim was dismissed without prejudice, and plaintiffs have 28 days to amend it. The intrusion claim was dismissed with prejudice.
A California federal judge dismissed a website tracking lawsuit against UnitedHealthcare with prejudice Aug. 19, after initially tossing it in March, finding the plaintiff had not alleged a concrete injury.
Becker’s has reached out to Elevance for comment and will update this story if more information becomes available.
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