Rayus Radiology agrees to class action settlement in case over alleged website tracking

Rayus Radiology has agreed to a settlement of up to $6 million in a case over alleged website tracking. 

Patients first sued the St. Louis Park, Minnesota-based imaging group in two separate lawsuits, both filed in 2023. In one complaint, submitted in a Minnesota federal court, Robert Christensen et al. claims Rayus Radiology violated the law by disclosing patients’ personal information to third-party tracking technologies without their consent. 

A website set up for claimants says those affected are entitled to seek no more than $6,085,000, with the option to receive a cash payment of $25. Rayus estimated the actual amount it will pay to impacted parties will be between $2 million and $5 million. 

“Rayus Radiology firmly denies all of plaintiffs' claims and maintains that it did nothing wrong but has agreed to a settlement to avoid the expense, burden and uncertainties with the litigation,” Kit Crancer, senior VP of public policy and physician partnerships, told Radiology Business. 

The company isn’t alone, as others also have agreed to pay settlements in similar such lawsuits, including Cerebral Inc., an online mental health provider, Claims Depot reported. In the Rayus complaint, patients charge that the imaging group used tracking pixels to collect and transmit information from its website to third parties such as Facebook. This allegedly included information communicated “in sensitive and presumptively confidential patient searches for providers, locations and healthcare services.” 

“Plaintiffs and other class members who used [Rayus Radiology’s] website thought they were communicating only with their trusted healthcare provider,” the complaint states. “Unbeknownst to plaintiffs and class members, however, defendants have embedded a tracking pixel…on their online platforms, surreptitiously forcing plaintiffs and class members to transmit to Facebook and other third parties every click, keystroke and intimate detail about their medical treatment.”

Christensen et al. also charged that Rayus “likely” installed and implemented Facebook’s Conversions Application Programming Interface, which tracks the user’s website interaction and transmits data back to Facebook. Patients allege that Rayus used these technologies for marketing efforts to “bolster its profits.” They further claim transmissions included private information such as the type of care sought. They accused Rayus of negligence, invasion of privacy, breach of contract, unjust enrichment and other allegations.
 

In its response filed in September 2023, Rayus Radiology roundly denied the allegations. The company believes it would have won in a jury trial but has opted to settle out of court to avoid the uncertainty of litigation. Along with the $25 payout, Rayus also has agreed to provide free privacy shielding, along with covering attorney fees and other expenses. A hearing on the settlement was held on Dec. 18, and claim forms must be summitted by Jan. 29, according to RayusSettlement.com.