Advocate Aurora Pixel Litigation Frequently Asked Questions

Frequently Asked Questions about the Advocate Aurora Pixel Litigation

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You may have received a Postcard Notice because you were identified as a person whose protected health information may have been shared with third parties because you accessed sites or applications on Advocate’s website between October 24, 2017, and October 22, 2022. 

The Litigation arises out of Advocate’s implementation and use of the Tracking Pixel on Advocate’s websites, defined below as the “Pixel Disclosure”, during which Plaintiffs allege their web usage data, containing Personal Information, was shared to third parties allegedly resulting in the invasion of Plaintiffs’ and Settlement Class Members’ privacy.

Pixel Disclosure means the alleged disclosure of Personal Information or health information of Plaintiffs and Settlement Class Members to Facebook, Google, or other third parties as a result of any use of Tracking Pixels on Advocate's websites, LiveWell app, and MyChart portal during the class period alleged by Plaintiffs in the Complaint between October 24, 2017, and October 22, 2022.

A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Settlement Class” or “Settlement Class Members.” When a class action is settled, the Settlement, which must be approved by the Court, resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement.

To resolve this matter without the expense, delay, and uncertainties of protracted litigation, the Parties reached a settlement that resolves all claims brought on behalf of the Settlement Class related to the Pixel Disclosure. If finally approved by the Court, the Settlement Agreement requires Advocate to provide cash compensation to certain Settlement Class Members who submit valid and timely Claim Forms. The Settlement is not an admission of wrongdoing by Advocate and does not imply that there has been, or would be, any finding that Advocate violated the law.

The Court has preliminarily approved the Settlement Agreement. Nevertheless, because the settlement of a class action determines the rights of all members of the Settlement Class, the Court overseeing this Litigation must give final approval to the Settlement Agreement before it can become effective. The Court has conditionally certified the Settlement Class for settlement purposes only, so that members of the Settlement Class may be given notice and the opportunity to exclude themselves from the Settlement Class or to voice their support for or opposition to final approval of the Settlement Agreement. If the Court does not grant final approval to the Settlement Agreement, or if it is terminated by the Parties, then the Settlement Agreement will be void, and the Litigation will proceed as if there had been no settlement and no certification of the Settlement Class.

You are a member of the Settlement Class if you resided in the United States and visited Advocate’s websites, LiveWell App, or MyChart patient portal between October 24, 2017, and October 22, 2022 (the “Settlement Class”). Excluded from the Settlement Class are Advocate and its affiliates, parents, subsidiaries, officers, and directors, as well as the judges presiding over this matter and the clerks of said judges. This exclusion does not apply to those employees of Advocate and certain related entities who received Advocate’s October 22, 2022, notification regarding its usage of Tracking Pixels.

Settlement Class Members who file a valid Claim Form may receive a pro rata cash payment from the Net Settlement Fund up to $50.  The Net Settlement Fund is what remains of the $12,225,000 Settlement Fund following the payment of the Notice and Settlement Administration Costs, Class Representative Service Awards, and Attorneys’ Fees and Expenses Award.

***To receive Settlement benefits, you must submit a Claim Form.

If you timely submit a valid Claim Form for monetary recovery, you will receive payment in the amount approved by the Settlement Administrator after the Settlement Administrator processes your Claim Form. You will receive that payment after the Settlement is Final and has become effective.

To submit a claim for cash compensation, you must timely submit a Claim Form on this website, or by mail to: Settlement Administrator - 175057, c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324.

You must submit any claims by the Claim Deadline of January 18, 2024. There can be only one (1) valid and timely claim per Settlement Class Member. 

By staying in the Settlement Class, all the Court’s orders will apply to you and will bind you. You also give Advocate a “release,” which means you cannot sue or be part of any other lawsuit or other legal action against Advocate about or arising from the claims or issues in this Litigation with respect to the alleged sharing of your personal or health information.

The precise terms of the release are in the Settlement Agreement, which is available on the Documents section of this website. Unless you formally exclude yourself from this Settlement, you will release your claims. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class or you are welcome to talk to any other lawyer of your choosing at your own expense.

The named Plaintiffs will seek a payment of $3,500 each for their services to the Settlement Class as Class Representatives. This payment is subject to the Court’s approval and will be paid from the Settlement Fund.

To exclude yourself from the Settlement, you must send a Request for Exclusion by mail to the Settlement Administrator stating that you want to be excluded from In re Advocate Aurora Health Pixel Litigation, Case No. 2:22-cv-1253 (E.D. Wis.). Such Request for Exclusion shall include: (1) your full name and address; (2) the case name and docket number; (3) a written statement that you wish to be excluded from the Settlement; and (4) your signature. You must mail your Request for Exclusion, postmarked no later than the Opt-Out Date of December 19, 2023, to:

Settlement Administrator - 175057
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324

No, if you submit a Request for Exclusion, you will not receive anything resulting from the Settlement, but you may sue Advocate over the claims raised in this case, either on your own or as a part of a different lawsuit. If you exclude yourself, the time you have to file your own lawsuit (called the “statute of limitations”) will begin to run again. You will have the same amount of time to file the suit that you had when this case was filed. If you file an Objection (see Response #15), you may still receive benefits if you timely file a claim.

The Court has appointed the following attorneys to represent the Settlement Class as Class Counsel:

Gary M. Klinger and Alexandra Honeycutt
Milberg Coleman Bryson Phillips Grossman, PLLC 
227 W. Monroe Street, Suite 2100
Chicago, IL 60606


Terence R. Coates and Dylan J. Gould
Markovits, Stock & DeMarco, LLC
119 E. Court Street, Suite 530
Cincinnati, OH 45202


These attorneys will be paid from the Settlement Fund. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will request to be paid reasonable attorneys’ fees up to 35% of the Settlement Fund, plus their expenses incurred in the Litigation, subject to Court approval. The motion for Attorneys’ fees and Expenses Award will be posted on this website after it is filed.

If you are a Settlement Class Member, you can object to the Settlement, or some part of it, and the Court will consider your views.  To object to the Settlement, you must submit a written Objection (such as a letter or legal brief) stating that you object and the reasons why you think the Court should not approve the Settlement.  Your Objection should include: (1) the objector’s full name, telephone number, email address, and address; (2) proof of being a member of the Settlement Class; (3) the case name and docket number, In re Advocate Aurora Health Pixel Litigation, Case No. 2:22-cv-1253 (E.D. Wis.); (4) whether the Objection applies only to the Settlement Class Member or to the entire Settlement Class; (5) all grounds for the Objection, with factual and legal support for the stated Objection, including any supporting materials; (6) the identification of any other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in the last three years; (7) whether the objector intends to appear at the Final Approval Hearing; and (8) the objector’s signature.

If represented by counsel, the objecting Settlement Class Member must also provide his/her counsel’s name, address, phone number, email address, the state bar(s) to which counsel is admitted, as well as associated state bar numbers. If the objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he/she must say so in the written Objection, and must also identify any witnesses he/she may call to testify at the Final Approval Hearing and all exhibits he/she intends to introduce into evidence at the Final Approval Hearing, which must also be attached to, or included with, the written Objection.

If you file an Objection, you may still receive benefits so long as you timely file a claim. To be timely, written notice of an Objection in the appropriate form must be filed with the Court no later than the Objection Deadline, December 19, 2023, and served on Class Counsel and Advocate's Counsel, as noted below:

United States District Court for the Eastern District of Wisconsin
517 E. Wisconsin Ave. 
Milwaukee, WI 53202

Class Counsel

Milberg Coleman Bryson Phillips Grossman, PLLC 
c/o Gary M. Klinger and Alexandra Honeycutt
227 W. Monroe Street, Suite 2100
Chicago, IL 60606

Markovits, Stock & DeMarco, LLC
c/o Terence R. Coates and Dylan J. Gould
119 E. Court Street, Suite 530
Cincinnati, OH 45202

Advocate's Counsel

Ropes & Gray LLP
c/o Edward R. McNicholas and Frances Faircloth
2099 Pennsylvania Ave NW
Washington, DC 20006

Quarles & Brady LLP
c/o Daniel E. Conley, Kristin C. Foster, and Nathan Oesch
411 East Wisconsin Avenue, Suite 2400
Milwaukee, WI 53202

The Court has already preliminarily approved to the Settlement Agreement. 

The Court will hold the Final Approval Hearing on March 8, 2024, at 8:30 A.M. CT in the courtroom of the Honorable J.P. Stadtmueller, Courtroom 425, which is located in the courthouse at 517 E. Wisconsin Ave., Milwaukee, Wisconsin 53202. The purpose of the hearing will be for the Court to determine whether the proposed Settlement is fair, reasonable, and adequate and in the best interests of the Settlement Class, and to determine the appropriate amount of compensation for Class Counsel, and for the Class Representatives. At that hearing, the Court may hear any Objections and arguments concerning the fairness of the proposed Settlement. The Court will then decide whether to approve the Settlement.
 
YOU ARE NOT REQUIRED TO ATTEND THE FINAL APPROVAL HEARING TO RECEIVE BENEFITS FROM THIS SETTLEMENT. Please be aware that the hearing may be postponed to a later date without notice.

You may also contact the Settlement Administrator by mail, email, or phone using the following contact information:

(833) 933-9030

Settlement Administrator - 175057

Kroll Settlement Administration LLC

PO Box 5324

New York, NY 10150-5324

Please do not call the Court or the Court Clerk’s Office to inquire about this settlement.

This website is authorized by the Court, supervised by counsel for the Parties and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Call
(833) 933-9030
Mail
Settlement Administrator - 175057
Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Opt-Out Date

    Tuesday, December 19, 2023 You must complete and mail your Request For Exclusion so that it is postmarked no later than Tuesday, December 19, 2023.

  • Objection Deadline

    Tuesday, December 19, 2023 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Tuesday, December 19, 2023.

  • Claim Deadline

    Thursday, January 18, 2024 You must submit your Claim Form online no later than Thursday, January 18, 2024, or mail your completed paper Claim Form so that it is postmarked no later than Thursday, January 18, 2024.

  • Final Approval Hearing date

    Friday, March 8, 2024 The Final Approval Hearing is scheduled for Friday, March 8, 2024. Please check this website for updates.

Important Documents

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