CVS Health; Criteo Agree to Pay $20.5 Million to Resolve Website Tracking Litigation
Settlements have been agreed to resolve class action litigation against CVS Health & Criteo and American Wellness Corp. The lawsuits stem from their use of tracking technologies on their websites and mobile apps.
CVS Health & Criteo Corp. Pixel Settlement
A $20.5 million settlement has been agreed to resolve class action litigation against the U.S. healthcare company CVS Health and the digital advertising company Criteo to resolve claims related to the use of web tracking technologies. The tracking tools are alleged to have resulted in the unlawful disclosure of web users’ personal and protected health information to third parties, without the knowledge or consent of web users.
Multiple class action lawsuits were filed in response to the alleged disclosures. The lawsuits were consolidated into a single complaint as the lawsuits had overlapping claims and classes. The consolidated lawsuit – Brewer, et al. v. CVS Pharmacy, Inc. and Criteo Corp. – is pending in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida.
According to the lawsuit, tracking tools were added to the CVS Health website and CVS Pharmacy mobile application, which collected users’ sensitive data and transmitted the information to companies such as Criteo, Adobe Inc., Medallia, and Quantum Metric. Web users were unaware that the tools were used and that their sensitive data was being collected and shared with third parties for advertising and marketing purposes, in an egregious violation of their privacy. The lawsuit asserted claims for negligence, breach of confidence, invasion of privacy, and violations of the Electronic Communications Privacy Act. The defendants deny that they violated any law and disagree with the claims in the lawsuit.
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All parties attended mediation on March 17, 2026, and negotiations continued for several weeks thereafter. The terms of the settlement have now been agreed to by all parties, and the settlement has received preliminary approval from the court. The defendants have agreed to pay attorneys’ fees and expenses, settlement administration costs, service awards for the class representatives, and cash payments to the class members. The settlement class consists of all individuals who accessed the CVS Health website or application prior to July 27, 2026.
Class members who can submit documentation proving they are a member of the class may submit a claim for up to $10.00. Individuals who submit a claim and cannot provide proof that they are a class member may claim up to $5.00. Claims are subject to a pro rata decrease if the cap is exceeded. The deadline for opting out and objection is November 1, 2026. Claims must be submitted by November 16, 2026, and the final fairness hearing has been scheduled for December 1, 2026.
American Wellness Corp. Web Tracking Settlement
A settlement has been agreed to resolve class action litigation against American Wellness Corp. (AmWell) stemming from the use of website tracking technologies such as pixels, which are alleged to have resulted in web users’ personally identifiable medical information and confidential communications being transmitted to third-party companies without their knowledge or consent.
The lawsuit – Polk vs American Well Corp. – was filed in the Superior Court for the State of California, County of Sacramento, by Virginia Polk, individually and on behalf of similarly situated individuals. The lawsuit alleged violations of the Federal Wiretap Act, California Invasion of Privacy Act, California Confidentiality of Medical Information Act, California Constitution, and common law.
During mediation, all parties agreed to the terms of a settlement, which has now received preliminary approval from the court, with no admission of fault, wrongdoing, or liability by the defendant. The settlement class consists of all U.S. based persons who used the appointment booking tool on the LiveHealth Online website or the LiveHealth Online iOS or Android Apps between October 2024 and August 2025.
AmWell has agreed to establish a $2,037,751.46 settlement fund, from which attorneys’ fees and expenses, settlement administration costs, and a service award to the class representative will be deducted. The remainder of the fund will be divided pro rata between individuals submitting a valid claim. The cash payments are anticipated to be between $51.14 and $102.29, depending on the number of valid claims received. The deadline for objection, opting out, and submitting a claim is October 30, 2026. The final fairness hearing has been scheduled for January 15, 2027.
