Frequently Asked Questions

  1. Why did I receive a Notice?

    A Court authorized the Notice because you have a right to know about a proposed Settlement of this proposed class action lawsuit and about your rights and options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.

    The Honorable Lauri A. Damrell of the Superior Court of California for the County of Sacramento is overseeing this proposed class action. The lawsuit is called Jane Doe I and Jane Doe II, et al. v. Sutter Health, Case No. 34-2019-00258072-CU-BT-GDS (the “Lawsuit”). The people who filed this lawsuit are called the “Plaintiffs” and/or “Class Representatives” and the entity being sued, Sutter Health, is the “Defendant.”

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  2. What is a class action?

    In a class action, one or more people called the class representative(s) sue on behalf of a group or a “class” of people who allegedly have similar claims. In a class action, one court resolves the issues for all class members, except for those class members who timely exclude themselves (opt out) from the class.

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  3. What is this lawsuit about?

    Plaintiffs allege that Sutter Health violated the California Invasion of Privacy Act (California’s wiretap law) and breached contractual obligations to its patients by disclosing patients’ PII and/or PHI to third parties like Facebook and Google, as a result of its use of third-party tracking, analytics, and/or advertising technologies on certain of its webpages, including the MyHealthOnline portal login webpage (but there is no allegation of any tracking or sharing from inside the MyHealthOnline portal and no allegation that any user IDs or passwords were shared).

    Sutter Health denies Plaintiffs’ claims in the lawsuit, including but not limited to, denies that any patient information was shared with unauthorized third parties, denies that any PII or PHI was shared with unauthorized third parties, denies that any violations or breach of any kind took place, and maintains that it did nothing wrong.

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  4. Why is there a Settlement?

    Plaintiffs and Sutter Health do not agree about the claims in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of Plaintiffs or Sutter Health. Instead, the Plaintiffs and Sutter Health have agreed to settle the lawsuit because of the Settlement benefits available and the risks and uncertainty associated with continuing the lawsuit. The Settlement does NOT mean that Sutter Health did anything wrong and there is no admission of any liability.

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  5. How do I know if I am in the Settlement Class?

    The Settlement Class is defined as: all individuals who were California residents at the time they logged into their own Sutter Health MyHealthOnline portal account for purposes relating to their own healthcare from June 10, 2015, through March 20, 2020.

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  6. Are there exceptions to being included in the Settlement?

    Excluded from the Settlement Class are: (1) any Judge presiding over this lawsuit, any members of the Judge’s respective staffs, and immediate members of the Judge’s family; (2) officers and directors of Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant has a controlling interest; (3) persons who timely and validly request exclusion from and/or opt-out of the Settlement Class; and (4) the legal representatives, successors, or assigns of any such excluded persons.

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  7. What if I am still not sure whether I am part of the Settlement?

    If you are still not sure whether you are a Settlement Class Member, please continue to review these Frequently Asked Questions or call toll-free 1-888-835-0109.

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  8. What does the Settlement provide?

    A $21.5 million Settlement Fund will be established to pay costs of notice and administration for the Settlement (estimated to be between $385,000 and $445,000), Incentive Awards to the Class Representatives (each may request up to $10,000), payment of Class Counsel’s attorneys’ fees award (they may request up to $7,095,000) and Reimbursement of Expenses (estimated to be $208,990.21), and payment of claims.

    If you are a Settlement Class Member, you can submit a single Claim Form, which if timely submitted, valid and approved by the Settlement Administrator, entitles you to receive a pro rata (a legal term meaning equal share) cash payment of the Net Settlement Fund of up to $90.

    Any funds remaining after the payments listed above will be distributed to the non-profits Privacy Rights Clearinghouse and the AHIMA Foundation, the designated cy pres recipients approved by the Court.

    A detailed description of the Settlement benefits can be found in the Settlement Agreement.

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  9. How much will my cash payment be?

    The actual monetary amount paid to each Settlement Class Member who submits a timely and valid Claim Form will not be determined until after the Claim Form filing deadline has passed. Cash payments will not exceed $90. Cash payments will not be provided to Settlement Class Members unless and until the Court approves the Settlement, and it becomes final.

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  10. When will I get my cash payment?

    If you file a timely and valid Claim Form, cash payments will be provided after the Settlement is approved by the Court and becomes final after any appeals process is complete. The payment will be made in the form of a check, unless you elect to receive payment by PayPal, Venmo, or Zelle. All checks will expire and become void 180 days after they are issued.

    To help ensure the timely delivery of payments, Class Members are requested to promptly notify the Settlement Administrator of any changes to their mailing or email address. Failure to keep address information current may result in delays in receiving payment.

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  11. How do I submit a Claim Form?

    The deadline to submit a timely and valid Claim Form passed on May 5, 2026.

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  12. Where do I locate my Unique ID and PIN in the Reminder Email Notice?

    Your Unique ID and PIN are included in the reminder email notice that was previously sent to you. To locate this information, please open the reminder email and scroll to the bottom of the notice. The Unique ID and PIN are typically displayed together near the end of the message.

    If you are unable to find the reminder email, please check your spam or junk email folder. You may also want to search your inbox for the settlement name or subject line related to the reminder notice.

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  13. What happens if my contact information changes after I submit a Claim Form?

    If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to:

    Sutter Health Analytics Litigation
    Settlement Administrator
    P.O. Box 4276
    Portland, OR 97208-4276

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  14. What am I giving up to receive a cash payment or stay in the Settlement Class?

    Unless you exclude yourself (opt out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders and any judgments will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties about any of the alleged circumstances and issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

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  15. What are the Released Claims?

    The Released Claims will cover any and all claims against the Released Parties reasonably related to any facts alleged in the Action regarding the alleged disclosure, use, interception, or transfer of information through use of Google Analytics, the Meta pixel, other cookies, other pixels, web beacons, java scripts, or other tracking, analytics, and/or advertising technologies on or involved with any of the Released Parties’ respective websites, web domains, webpages, or portals. The Released Claims and the Release are described in more detail in Article III and the definitions in Article I of the Settlement Agreement, so please read these sections carefully. The Settlement Agreement is available here. If you have any questions regarding the Release or Released Claims and what the language in the Settlement Agreement means, you can contact Class Counsel listed below for free, or you can talk to your own lawyer at your own expense.

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  16. What happens if I do nothing at all?

    If you do nothing, you will not get a cash payment from this Settlement. Additionally, you will not be able to start a lawsuit or be part of any other lawsuit against the Released Parties for the Released Claims, unless you exclude yourself by opting out of the Settlement.

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  17. Do I have a lawyer in the lawsuit?

    Yes. The Court has appointed Jeffrey A. Koncius and Nicole Ramirez Jones with the law firm Kiesel Law LLP, along with Jason “Jay” Barnes and Eric Johnson with the law firm Simmons Hanly Conroy LLP, as Class Counsel to represent you and the other Settlement Class Members for purposes of this Settlement only. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this lawsuit, you may hire one at your expense.

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  18. How will Class Counsel be paid?

    The Court approved attorneys' fees for Class Counsel in the amount of $7,095,000. In doing so, the Court found that the fee award in line with other settlements of this nature. The Court also approved reimbursement of $216,639.11 in litigation costs incurred by Class Counsel. These costs were not previously reimbursed and were found by the Court to have been reasonably and necessarily incurred in the ordinary course of prosecuting the case, given its complexity and scope. The Court further approved incentive awards of $10,000 each to the Class Representatives, Jane Doe I and Jane Doe II. These incentive awards were approved in recognition of the time, effort, and risks undertaken by the Class Representatives in pursuing the litigation on behalf of the Settlement Class.

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  19. How do I opt out of the Settlement?

    The deadline to exclude yourself passed on January 23, 2026.

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  20. If I do not opt out, can I sue the Defendant for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue any of the Released Parties for the claims being resolved by this Settlement and the Releases relating to the lawsuit will apply to you, and you will be bound by all the terms of this Settlement and by all proceedings, orders, and judgments in the lawsuit. You must opt out of this lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against the Released Parties for the claims being resolved by this Settlement. If you have a pending lawsuit, speak to your lawyer in that case immediately.

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  21. If I opt out, can I get anything from this Settlement?

    No. If you opt out, you will not be entitled to receive a cash payment. You can only get a cash payment if you stay in the Settlement and submit a timely and valid Claim Form.

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  22. How do I tell the Court I do not like the Settlement?

    The deadline to object the Settlement passed on January 23, 2026.

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  23. What is the difference between objecting and excluding myself from the Settlement?

    Objecting simply means telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you cannot object because you are no longer part of the Settlement.

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  24. When and where will the Court decide whether to approve the Settlement?

    The Final Approval Hearing was held on February 27, 2026, after which following additional submissions from Class Counsel the Court issued a minute order granting final approval of the Settlement, Class Counsel's application for attorneys' fees and costs, and Incentive Awards. The Order and Judgment Granting Final Approval was entered by the Court on March 6, 2026.

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  25. Do I have to attend the final Approval Hearing?

    The Final Approval Hearing was held on February 27, 2026, after which following additional submissions from Class Counsel the Court issued a minute order granting final approval of the Settlement.

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  26. May I speak at the final Approval Hearing?

    The Final Approval Hearing was held on February 27, 2026, after which following additional submissions from Class Counsel the Court issued a minute order granting final approval of the Settlement.

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  27. Where do I get more information?

    The Notice you received, and these Frequently Asked Questions, summarize the Settlement. More details are in the Settlement Agreement. The Settlement Agreement and other related documents, including, but not limited to, the Orders Granting Preliminary Approval and Final Approval and the Notice of Entry of Judgment, will be available here. You may get additional information by calling toll-free 1-888-835-0109, or by writing to:

    Sutter Health Analytics Litigation
    Settlement Administrator
    P.O. Box 4276
    Portland, OR 97208-4276

    PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE REGARDING THE NOTICE YOU RECEIVED.

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