Kaiser Privacy Breach Settlement

LEGAL NOTICE BY ORDER OF
THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION AND FAIRNESS HEARING

IF YOU WERE A KAISER PERMANENTE MEMBER WHO ACCESSED THE AUTHENTICATED PAGES OF THE KAISER PERMANENTE WEBSITES OR MOBILE APPLICATIONS FROM NOVEMBER 2017 TO MAY 2024, YOU COULD GET A PAYMENT CURRENTLY ESTIMATED TO RANGE BETWEEN $20 AND $40 FROM THE PROPOSED SETTLEMENT OF A CLASS ACTION LAWSUIT.

A federal court authorized this notice. This is not a solicitation from a lawyer.

Notice of Pendency of Class Action: Please be advised that your rights will be affected by the above-captioned class action (“Action”) if you were a Kaiser Permanente Member in California, Colorado, Georgia, Hawaii, Maryland, Oregon, Virginia, Washington, or the District of Columbia who accessed the authenticated pages of the Kaiser Permanente websites or mobile applications from November 2017 to May 2024 (“Settlement Class”).[1]

Notice of Proposed Settlement: Please also be advised that Plaintiffs have reached a proposed settlement (“Settlement”) of the Action with Kaiser Foundation Health Plan, Inc.for $46 million with the possibility of up to $47.5 million. If approved by the Court, the Settlement will resolve all claims in the Action.

PLEASE READ THIS NOTICE CAREFULLY. This Notice explains important rights you may have, including the possible receipt of a payment from the Settlement. If you are a member of the Settlement Class, your legal rights will be affected whether or not you act.

Statement of the Settlement Class’s Recovery: The Settlement will resolve a lawsuit over whether Kaiser Foundation Health Plan, Inc.’s use of third-party technology on the Kaiser Permanente websites and mobile applications violated certain state laws and statutes. Subject to Court approval, Plaintiffs, on behalf of the Settlement Class, have agreed to settle the Action in exchange for a cash payment of $46 million (“Settlement Amount”) to be deposited into an escrow account. The Settlement Amount may be increased, but in no event will it exceed forty-seven million and five hundred thousand dollars ($47,500,000.00), depending on certain conditions of the confidential Supplemental Agreement. The amount of the Settlement Amount that remains after (1) payment of the costs of providing notice and administering the Settlement[2] and (2) attorneys’ fees, litigation costs, and Plaintiffs’ service awards[3] (if authorized by the Court) will be distributed to Settlement Class Members who complete and submit a Claim. Payments to eligible Settlement Class Members will be made in accordance with the proposed Plan of Allocation, which is available for review at HERE, and generally provides that the Net Settlement Fund will be distributed on a pro rata basis based on the number of other Settlement Class Members who submit valid Claim Forms and the amount of the Net Settlement Fund that remains after deducting any attorneys’ fees, costs and expenses as authorized by the Court.
Reasons for the Settlement: Kaiser Foundation Health Plan, Inc. denies all of Plaintiffs’ claims, but has agreed to the Settlement to resolve the class action case to end the burden, expense, and uncertainty of further litigation. The Settlement is not an admission by Defendant. For Plaintiffs, the principal reason for the Settlement is the guaranteed cash benefit for the Settlement Class without the risks, delays, and costs of further litigation.
Summary of Released Claims: Under the Settlement, Settlement Class Members will release any individual legal claims they may have against Kaiser Foundation Health Plan, Inc. and other released parties arising out of the use, adoption, or incorporation of any third-party web tracking technology on the Kaiser Permanente websites or mobile applications or any other action, allegation, practices, or conduct at issue in the Consolidated Class Action Complaint.
Attorneys’ Fees and Expenses Sought: Class Counsel have prosecuted this lawsuit on a wholly contingent basis since its inception in June 2023. For these efforts, Class Counsel will apply to the Court for an award of attorneys’ fees in an amount of up to $15,675,000, not to exceed 33% of the Settlement Amount plus interest. Class Counsel will also apply for litigation costs paid or incurred in connection with the prosecution and resolution of the lawsuit not to exceed $900,000, as well as service awards in an amount not to exceed $5,000 for each of the eight named Plaintiffs (for a total amount not to exceed $40,000). Any attorneys’ fees, costs, and expenses authorized by the Court will be paid from the Settlement Amount.

Identification of Attorneys’ Representatives: Plaintiffs and the Settlement Class are represented by Melissa L. Yeates, Esq. and Tyler S. Graden, Esq. of Kessler Topaz Meltzer & Check, LLP (“KTMC”), 280 King of Prussia Road, Radnor, PA 19087, 1-610-667-7706, info@ktmc.com, and James E. Cecchi, Esq. and Kevin G. Cooper, Esq. of Carella, Byrne, Cecchi, Brody, & Agnello, P.C. (“Carella Byrne”), 5 Becker Farm Road, Roseland, NJ 07068, 1-973-994-1700, class@carellabyrne.com, who served as interim Class Counsel; and the Law Offices of Robert Mackey and Migliaccio & Rathod LLP, who represented one of the Plaintiffs individually. Further information regarding the Action, the Settlement, and this Notice also may be obtained by contacting the Settlement Administrator, Strategic Claims Services, Inc. (“Strategic Claims”) at: Kaiser Privacy Breach Settlement, c/o Strategic Claims Services, Inc., P.O. Box 230, 600 N. Jackson Street, Suite 205, Media, PA 19063, 1-855-783-3816, info@KaiserPrivacySettlement.com.
These rights and options – and the deadlines to exercise them – are further explained in this Notice. Please Note: The date and time of the Fairness Hearing – currently scheduled for May 7, 2026 at 1:30 p.m. – is subject to change without further written notice to the Settlement Class. If you plan to attend the Fairness Hearing, you should check the website, www.KaiserPrivacySettlement.com, the Court’s PACER site (see Question 17 in the Long Form Notice), or with Class Counsel to confirm that no change to the date and/or time of the hearing has been made.

YOU ARE ENCOURAGED TO MONITOR THE WEBSITE FOR IMPORTANT UPDATES REGARDING THE SETTLEMENT.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS FOR SETTLEMENT
REMAIN A MEMBER OF THE SETTLEMENT CLASS SUBMIT A CLAIM TO BE ELIGIBLE TO RECEIVE A PAYMENT FROM THE SETTLEMENT	To remain a Settlement Class Member, you do not need to do anything. You automatically will be included in the Settlement Class. If you are a Settlement Class Member and wish to be eligible for a payment from the Settlement, you must submit a valid Claim Form by March 12, 2026. Your portion of the Net Settlement Fund will be calculated on a pro rata basis based on the number of other Settlement Class Members who submit valid Claim Forms and the amount of the Net Settlement Fund that remains after deducting any attorneys’ fees, costs and expenses as authorized by the Court. If you remain in the Settlement Class, you will give up your right to sue Kaiser Foundation Health Plan, Inc. and other released parties for claims arising out of the subject matter of the lawsuit.
EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS: SUBMIT A REQUEST FOR EXCLUSION	You may request exclusion from the Settlement Class (also known as “opting out”) by notifying the Settlement Administrator of your request to be excluded from the Settlement Class. The procedures for how to request exclusion are discussed below in the response to Question 8. Request(s) for exclusion must be submitted electronically via the Settlement website or mailed (postmarked) no later than March 12, 2026. If you exclude yourself from the Settlement Class, you will not release your claims against Kaiser Foundation Health Plan, Inc. or the released parties, and you will not be bound by any judgments or orders of the Court as to the Settlement. If you exclude yourself, you will not be eligible to receive a payment from the Settlement, nor will you be able to object to the Settlement.
OBJECT TO THE SETTLEMENT	To object to or comment on the Settlement, you must file or mail the appropriate papers to the Court, in accordance with the procedures set forth in the response to Question 10. Your written objection must be filed or mailed (postmarked) no later than March 12, 2026. If you object to the Settlement, you will remain a member of the Settlement Class and must still submit a claim form to be issued a payment.
GO TO A HEARING	The Court will hold a Fairness Hearing on May 7, 2026, at the Phillip Burton Federal Building & United States Courthouse, 450 Golden Gate Avenue, Courtroom 5 – 17th Floor, San Francisco, CA 94102, to consider whether the Settlement is fair, reasonable, and adequate. The Court may also consider the motion for Class Counsel’s attorneys’ fees, costs, and expenses, and for service awards to Plaintiffs. If you want to speak at the Fairness Hearing, you must let the Court and the Parties know by March 12, 2026, and provide the Court and the Parties with a letter stating that you intend to appear at the hearing in accordance with the procedures set forth in the response to Question 16. You cannot speak at the hearing if you opt out of the Settlement Class.

[1] All capitalized terms not defined in this Notice have the meanings provided in the Parties’ Amended Stipulation of Settlement dated December 1, 2025 (“Stipulation”). The Stipulation can be viewed HERE.

[2] The costs of providing notice and administration of the Settlement, which shall be paid from the Settlement Amount, are estimated to range from approximately $1.7 million to approximately $2.4 million based on certain assumptions. This is only an estimated range, however, as the administration has not fully commenced as of the date of this Notice.

[3] Class Counsel is seeking attorneys’ fees of up to $15,675,000 and litigation expenses up to $900,000. The request for Plaintiffs’ Service Awards is $40,000 (i.e., $5,000 each Plaintiff).