A Pennsylvania federal judge ruled that four of the five claims in a lawsuit alleging Cigna violated privacy protections through third-party vendors using tracking technologies on its website can proceed.
The complaint dates to May 2025, with the most recent amended complaint from March 2026. Plaintiffs include current and past Cigna policyholders who allege a “practice of surreptitiously intercepting and misusing personal, and highly sensitive, health-related information” through vendors embedding tracking pixels and session replay code on the Cigna website.
“Plaintiffs used defendants’ website to query highly sensitive health issues, only to have every query recorded in real time by hidden tools embedded on the website,” the complaint said. “There was neither informed consent nor an opportunity to opt out — only tracking that started the second that plaintiffs loaded the website on their browsers.”
The lawsuit claimed violations of the Federal Wiretap Act and the Pennsylvania Wiretapping and Electronic Surveillance Control Act, as well as invasion of privacy, breach of fiduciary duty and unjust enrichment under Pennsylvania common law.
“As a result of defendants’ violations and invasions of the privacy rights of website users, Cigna’s insureds, including plaintiffs, have suffered significant harms, including but not limited to a loss of privacy, embarrassment, and greatly increased vulnerability to identity theft and fraud, as well as having their confidential financial information used for the benefit of defendants and others,” the complaint said.
The recent order granted a motion to dismiss an intrusion upon seclusion claim while maintaining the rest of the lawsuit. According to the July 27 opinion, the root of the intrusion issue may be the vendors, not Cigna, because the company was the intended recipient of communications. The plaintiffs did not name the vendors as defendants in the lawsuit.
Becker’s contacted Cigna and the plaintiffs’ legal team and will update this story if more information becomes available.
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