MDLIVE Privacy Settlement Claims Due December 1

Key facts

Case: Kingsbury, et al. v. Evernorth Health Inc., et al., No. 26-CA-006880
Court: Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County, Florida
Current status: Proposed class action settlement. The court authorized notice, but has not granted final approval.
Who may qualify: MDLIVE users who accessed patient.mdlive.com, did something on the portal after signing in from May 30, 2023 through August 11, 2025, and had an active Facebook and/or Google account during that period
Potential benefit: Cash payment of up to $15 after a valid claim
Settlement benefit cap: Up to $3.5 million for valid claims, administration, notice, court-approved attorneys' fees and expenses, and proposed awards to the two class representatives
Opt-out and objection deadline: November 16, 2026
Claim deadline: December 1, 2026
Final approval hearing: January 6, 2027 at 9:30 a.m., scheduled by Zoom

What happened

A court-authorized claims process is open in a proposed privacy settlement involving MDLIVE's signed-in patient portal. The lawsuit alleges that Evernorth Health Inc. and MDLIVE Inc. disclosed website users' sensitive information and private communications to Google and Meta without consent. The companies deny the allegations, deny violating any law, and deny wrongdoing.

The official notice says a person may be included if the person used MDLIVE's portal at patient.mdlive.com, engaged in any activity after signing in between May 30, 2023 and August 11, 2025, and had an active Facebook and/or Google account during that time. A class member must submit a valid claim by December 1, 2026 to seek a cash payment of up to $15.

This is a proposed settlement, not a ruling that the defendants broke the law. The court authorized notice so potentially affected users could learn about the agreement and their options before the final approval hearing. The court is scheduled to decide whether to approve the settlement on January 6, 2027.

A claim is required

Doing nothing will not produce a payment. A valid online claim must be submitted, or a paper form postmarked, by December 1, 2026.

Who MDLIVE and Evernorth are

MDLIVE is a virtual health care platform. Its official materials say patients can use phone and video services for primary care, urgent care, behavioral health, dermatology, and other care. The company works with health plans, health systems, and self-insured employers, and says more than 60 million people have access to MDLIVE as a covered benefit.

MDLIVE also explains that it is not itself a medical group. Clinical consultations are provided by independent medical practitioners and MDLIVE Medical Group entities. That distinction matters because the lawsuit concerns the online portal and alleged data disclosures, rather than the professional medical judgment of a treating clinician.

Evernorth is a health services business within The Cigna Group. Evernorth completed its acquisition of MDLIVE in April 2021. Evernorth's announcement said MDLIVE would operate within its health services portfolio and continue serving health plans, employers, government organizations, and individuals. Evernorth Health Inc. and MDLIVE Inc. are the defendants named in the settlement notice.

Kroll Settlement Administration is the court-approved administrator. It operates the official EHISettlement.com website, receives claims and exclusion requests, and will administer payments if the settlement becomes final. Class Action Pulse is not the administrator and does not process claims.

How the MDLIVE portal and tracking tools fit the dispute

The class definition focuses on signed-in activity at patient.mdlive.com. A portal is a password-protected website where a user can manage an account, review information, schedule or receive services, and communicate through online tools. The notice does not say that every visitor to MDLIVE.com is included. It requires activity after signing in to the patient portal during the stated dates.

The official MDLIVE privacy policy says the company collects information through its website and application. It lists account details, contact information, usage information, health information, insurance information, and data supplied through online forms among the information that may be handled in different contexts. The policy also describes cookies, pixel tags, web beacons, Google tags, and similar products used for website functions, analytics, and advertising.

A tracking pixel or tag is a small piece of code that can transmit information about a webpage visit or user action to another service. Whether a particular transmission occurred, what it contained, whether it was tied to a person, and whether consent or another legal basis existed are fact-specific questions. The settlement notice states the plaintiffs' allegation at a high level, but it does not establish that every category in MDLIVE's current privacy policy was transmitted to Google or Meta for every class member.

That boundary is important. The case concerns alleged disclosures from signed-in portal activity. The public notice does not identify a data breach, an outside hacker, or a finding that medical records were stolen. It also does not say that Google or Meta are defendants in this settlement.

What this case is not

The court-authorized notice describes alleged website disclosures to Google and Meta. It does not describe a ransomware attack or establish that every MDLIVE user's medical record was shared.

What the lawsuit alleges

The plaintiffs, Kelly Kingsbury and Erin Yates, allege that Evernorth and MDLIVE disclosed website users' sensitive information and private communications to Google and Meta without consent. They brought the case on behalf of a proposed group of MDLIVE portal users with similar claims.

The settlement notice does not treat those allegations as proven facts. It says the defendants expressly deny the allegations, deny violating the law, and deny engaging in wrongdoing. The parties agreed to settle to avoid the cost, delay, uncertainty, and risk of continued litigation.

A class action allows one or more named plaintiffs to pursue claims for a larger group whose members allegedly share common issues. Here, the court has authorized the settlement process and notice. That does not mean the court held a trial, certified a litigation class after contested evidence, or decided liability.

The notice also uses the term private communications. In this dispute, that phrase reflects the plaintiffs' legal characterization of information associated with signed-in portal use. The public notice does not provide a person-by-person inventory of what information was allegedly transmitted. Readers should not assume that the same portal activity or information applied to every potential class member.

What laws are involved

The notice says the lawsuit asserts claims under the Florida Security of Communications Act and the federal Electronic Communications Privacy Act.

The Florida Security of Communications Act, cited as Florida Statutes section 934.03, regulates certain interceptions and disclosures of wire, oral, and electronic communications. The Electronic Communications Privacy Act is a federal law that includes restrictions concerning electronic communications. The notice cites 18 U.S.C. section 2511 and related provisions.

The practical dispute is whether the alleged website transmissions fall within those laws and occurred without legally sufficient consent. The settlement avoids a final judicial answer. It should not be read as a finding that any specific tag, cookie, analytics service, or advertising tool always violates these statutes.

The Health Insurance Portability and Accountability Act, commonly called HIPAA, is not identified in the notice as the basis of the settlement claims. MDLIVE's privacy policy says some information it handles may be protected health information and describes MDLIVE as a business associate in certain relationships. That company statement provides context about the service, but it does not convert the settlement into a HIPAA judgment.

Who may be included

The notice defines the settlement class as all MDLIVE users who accessed the portal at patient.mdlive.com and engaged in any activity after signing in from May 30, 2023 through August 11, 2025.

To receive payment, the claim form also requires the claimant to attest that the claimant had an active Facebook and/or Google account during that period. The notice says this attestation is required. It does not describe a requirement to submit medical records, screenshots of portal activity, or proof of a financial loss.

The class excludes the judge or magistrate presiding over the case and their families, the defendants and specified related people and entities, people who submit valid exclusion requests, and legal representatives, successors, or assigns of excluded people.

Receiving a notice is a strong signal that records identified a person as a possible class member, but the administrator applies the official terms. Anyone uncertain about eligibility should use the official website or call Kroll at 833-453-3739.

The class has several conditions

General use of MDLIVE is not enough by itself. The notice ties eligibility to signed-in portal activity during the class period and an active Facebook or Google account.

What the settlement offers

The defendants have agreed to pay settlement costs up to a $3.5 million benefit cap. The cap includes valid cash payments, notice and administration expenses, court-approved attorneys' fees and expenses, and any court-approved awards to the two named plaintiffs.

A valid claimant may receive up to $15. The words "up to" matter. The notice does not guarantee a $15 payment. The final amount may depend on the number of approved claims and the costs and awards the court permits under the agreement.

Class counsel may request attorneys' fees of no more than one-third of the $3.5 million cap and up to $15,000 in litigation costs and expenses. Each of the two class representatives may request an incentive award of up to $5,000. The court may award less than the amounts requested.

Approved payments will be available by check, PayPal, or Venmo under the notice. Checks will expire 90 days after issuance. No payment date is currently guaranteed. Distribution can occur only after final approval and the resolution of any appeals.

This settlement does not offer reimbursement for documented losses, credit monitoring, or a separate medical-privacy service. Its stated class benefit is a cash payment of up to $15 for an approved claim.

How to file a claim

Use EHISettlement.com, the court-authorized website controlled by Kroll. Online claims must be submitted by December 1, 2026. Paper forms must be postmarked by that date.

The notice says a claimant must attest that the claimant used the signed-in MDLIVE portal during the class period and had an active Facebook and/or Google account during that period. Claimants should read the current form before signing, since the attestation is made as part of the official claims process.

The mailing address is Kingsbury v. Evernorth Health Inc., c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391.

Keep a copy of the submitted form and confirmation. Do not send medical information, account credentials, or claim materials to a news site. Use only the official administrator's channels.

People who want to exclude themselves must send a valid request by November 16, 2026. Exclusion means receiving no settlement benefit while retaining any individual rights covered by the release. People who stay in the class may object by November 16. Objecting and excluding are different choices. A person who excludes themselves cannot also receive a benefit or object as a class member.

What remains disputed or undecided

The court has not decided whether the plaintiffs or defendants are right. It has not found that Evernorth or MDLIVE unlawfully disclosed information. The defendants deny all allegations and wrongdoing.

The settlement also remains subject to final approval. The court must decide whether the agreement is fair, reasonable, adequate, and in the class's best interests. It will also consider attorneys' fees, litigation expenses, and class representative awards.

The final individual payment is unknown. The notice states only that an approved claimant may receive up to $15. The number of claims, administrative costs, approved legal fees, and other approved expenses are not yet final.

The public notice does not provide a complete technical log for each user, identify every field allegedly sent to Google or Meta, or decide whether any particular person suffered a financial or medical harm. It also does not resolve broader questions about other websites, other tracking systems, or portal activity outside the class period.

No wrongdoing finding

The defendants deny the claims, and the court has not decided liability. Preliminary settlement steps are not a judgment on the merits.

Timeline and what happens next

April 15, 2021: Evernorth announced that it completed its acquisition of MDLIVE.
May 30, 2023: The settlement class period begins under the notice.
August 11, 2025: The settlement class period ends.
November 1, 2026: Class counsel's fee request is due to be filed and posted, according to the notice.
November 16, 2026: Deadline to request exclusion or submit an objection.
December 1, 2026: Deadline to file a claim online or by mail.
January 6, 2027: Final approval hearing scheduled for 9:30 a.m. by Zoom.

The hearing can be postponed. Class members should check the official website before relying on the scheduled date or access details.

At the hearing, Judge Christine Marlewski is scheduled to consider the settlement, objections, attorneys' fees and expenses, and the proposed awards to the named plaintiffs. Class members do not have to attend to receive a payment. People who want to speak at the hearing must follow the notice's objection and notice-of-intent instructions.

If the court grants final approval, payments will not necessarily be immediate. The settlement must become final, and any appeals must be resolved. Kroll must also review claims and prepare distribution. The notice does not provide a fixed payment date.

Frequently asked questions

Who may qualify for the MDLIVE settlement?

MDLIVE users who accessed patient.mdlive.com, engaged in activity after signing in between May 30, 2023 and August 11, 2025, and had an active Facebook and/or Google account during that period may be included. The administrator applies the official terms.

What is the claim deadline?

December 1, 2026. Online claims must be submitted by that date, and mailed forms must be postmarked by that date.

How much can a class member receive?

The notice says up to $15 for an approved claim. It does not guarantee the full amount.

Is proof of a financial loss required?

The notice does not require proof of a financial loss. It requires an attestation about signed-in portal activity during the class period and an active Facebook and/or Google account.

Did MDLIVE or Evernorth admit wrongdoing?

No. Both defendants deny the allegations, legal violations, and wrongdoing. The court has not decided liability.

Is this a data breach settlement?

The notice describes alleged disclosures from signed-in website activity to Google and Meta. It does not describe a hacker or ransomware incident.

What happens if I do nothing?

You will not receive a payment. If the settlement becomes final and you did not exclude yourself, you will still be bound by the release described in the agreement.

Where should I file?

File through EHISettlement.com or use the official paper form. Do not submit claim information to Class Action Pulse.