Kaiser Foundation Health Plan Settles Unwanted Text Message Lawsuit
The risk of sending unwanted marketing communications to consumers has been highlighted by a $10.5 million settlement with Kaiser Foundation Health Plan, which is alleged to have continued sending marketing text messages to individuals who opted out of receiving marketing communications.
Legal action was taken against Kaiser Foundation Health Plan, doing business as Kaiser Permanente, by Jonathan Fried, who alleged that the defendant violated federal and Florida state law by continuing to send marketing text messages after he had submitted an opt-out request to stop receiving the communications.
The lawsuit, Jonathan Fried v. Kaiser Foundation Health Plan, Inc., d/b/a Kaiser Permanente, was filed individually and on behalf of similarly situated individuals over the alleged sending of unwanted text messages marketing Kaiser Permanente’s products and services. According to the lawsuit, the defendant sent or failed to stop further messages from being sent after consumers replied with the word STOP or performed a similar opt-out instruction. According to the lawsuit, the failure to honor the opt-out requests violated the federal Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA). The violations are alleged to have occurred between January 21, 2021, and August 20, 2025.
Kaiser maintains there was no wrongdoing and denies and continues to deny the allegations in the lawsuit; however, a settlement was agreed to bring the litigation to an end to avoid the cost of a trial and related appeals, and the risks and uncertainties for both sides from continuing with the litigation. Kaiser has agreed to pay up to $10,500,000 to settle the litigation. The settlement fund will cover attorneys’ fees and expenses, a service award for the class representative, settlement administration costs, and cash payments for the class members.
There are two settlement classes, one applying to all individuals in the United States who were sent more than one text message regarding the defendant’s goods or services in any 12-month period between January 21, 2021, and August 20, 2025, after replying to a message with STOP or performing a similar opt-out instruction. The Florida FTSA class includes all persons who resided in Florida and received more than one text message between the same dates about the defendant’s goods or services at least 15 days after opting not to receive the communications.
Class members who submit a valid claim will receive a payment of up to $75 per qualifying text message they received. If the number of claims exceeds the funds in the settlement, then claims will be paid pro rata. Should any funds remain in the settlement fund after all claims have been paid, then they will be refunded to Kaiser.
The settlement has received preliminary approval from the court, and claims must be submitted by February 12, 2026. The deadline for opting out and exclusion from the settlement is December 29, 2025. The final approval hearing has been scheduled for January 28, 2026.
