GoodRx and Criteo Revised $32 Million Data Privacy Settlement Receive Preliminary Court Approval
GoodRx and Criteo have received preliminary court approval for a revised $32 million settlement resolving consolidated class action litigation over allegations that website tracking technologies disclosed users’ personal and health-related data to third parties without permission from 2017 and 2020. The settlement comes after the court’s rejection of a prior $25 million agreement and includes claims against GoodRx and Criteo, whereas a lawsuit involving Meta and Google proceeds separately.
Background of the GoodRx Data Privacy Litigation
The lawsuit relates to the use of website tracking technologies on the GoodRx platform. The technologies purportedly shared identifying data and health information of website visitors to third-party marketing and analytics businesses.
GoodRx runs a free-to-use platform that monitors prescription drug prices and offers medication discount coupons. Criteo is a digital marketing business that provides performance advertising and retargeting services. Though both are not HIPAA-covered entities, they are subject to FTC laws.
The alleged data disclosures happened from 2017 to 2020. Companies named in the lawsuit include Google, Meta, and Criteo.
The case was prompted by a Federal Trade Commission (FTC) complaint stating that GoodRx illegally disclosed users’ personal data, violating the FTC Act and the FTC Health Breach Notification Rule. GoodRx disputed the FTC’s allegations but settled with a $1.5 million payment.
On February 2, 2023, the first putative class action lawsuit was filed, followed by other lawsuits, which were consolidated into the Doe et al. v. GoodRx Holdings, Inc., et al case. The consolidated litigation was filed with the United States District Court for the Northern District of California, Oakland Division.
Revised Settlement Increases the Fund to $32 Million
GoodRx and Criteo at first consented to a proposed $25 million settlement. However, District Court Judge Araceli Martinez-Olguin rejected it because the parties failed to show that the proposed settlement was fair to consumers.
The parties eventually increased the settlement amount to $32 million, and formally included Criteo in the settlement agreement. The settlement fund will pay for attorneys’ fees and expenditures, settlement fund account costs, notification and settlement management costs, and service awards for class representatives. The outstanding funds will be allocated on a pro rata basis to people who file valid claims.
The agreement additionally includes a provision permitting the defendants to cancel the settlement when the number of individuals who exclude themselves is greater than the agreed-upon limit.
The court gave preliminary approval of the revised settlement. The approval doesn’t include the claims against Meta and Google, which are not included in the current settlement agreement.
Claims and Allegations Against the Defendants
The consolidated lawsuit states a number of claims concerning the alleged exposure of consumer data and privacy violations. The claims include unjust enrichment, negligence, negligence per se, and intrusion upon seclusion. The complaint likewise asserts supposed violations of the California Invasion of Privacy Act, California Confidentiality of Medical Information Act, California Consumers Legal Remedies Act, New York’s General Business Law, California Unfair Competition Law, and Illinois Consumer Fraud and Deceptive Business Practices Act.
GoodRx and the other defendants reject the allegations and say they did not violate any laws.
The lawsuit concerns supposed data sharing via website tracking technologies instead of a reported external attack on GoodRx’s systems. The specific number of impacted individuals and the complete types of exposed data have not been publicly mentioned
Settlement Deadlines and Court Hearing
Class members who want to object to the settlement or exclude themselves need to do so until December 29, 2026. The last day for submitting settlement claims is until December 29, 2026. Those seeking compensation need to file a valid claim to get a pro rata part of the outstanding settlement fund. The final amount given to individual claimants will vary depending on the settlement fund left after the deductions.
The final fairness hearing is on February 11, 2027.