BetterHelp

Supreme Court of British ColumbiaCommencement Date: March 10, 2023

Updates:

February 26, 2024: By orders of the B.C. Courts on carriage of this proposed class action, this case is stayed at this time, and carriage of the class action has been granted to a competing proposed class action styled A. T. v BetterHelp, Inc. Please note that potential claims of Canadian consumers who registered with BetterHelp on or after January 1, 2021 are not represented in any court proceeding at this time. Those consumers may contact us with any questions or concerns, or to discuss their options going forward by sending an email to [email protected].

Summary

This is a proposed privacy class action against BetterHelp, Inc., which provides online counselling services under various business names such as Faithful Counseling, Pride Counseling, Teen Counseling, Regain, iCounseling, Compile, Inc., Mytherapist, and Terappeuta (collectively, “BetterHelp”). The Action arises out of BetterHelp’s improper use of sensitive personal and health information of its consumers in furtherance of its own business interests, including advertising, despite making representations that it maintains confidentiality and limits use of such information.

Specifically, this lawsuit alleges that BetterHelp transferred and/or sold sensitive personal and health information of its consumers to third party advertisers such as Facebook, Snapchat, and Pinterest in order to better target and optimize its advertisements. BetterHelp also failed to safeguard the sensitive information in its custody as required under the Personal Information Protection and Electronic Documents Act, its own privacy policy, and industry standards. Finally, BetterHelp indicated on its webpages and through its customer service representatives it was certified under the United States’ Health Insurance Portability and Accountability Act (“HIPPA”) when it was not.

Upon investigating into these allegations, the United States Federal Trade Commission issued a complaint and proposed order against BetterHelp on March 2, 2023, banning it from improperly sharing consumers’ personal and health information with third-party advertisers.

KND Complex Litigation is co-counsel with the Vancouver-based law firm of YLaw Group on this class action.

Class Membership Criteria

All Canadian residents who registered with BetterHelp’s online services at any time since its inception.

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