New York Federal Court Allows Federal Wiretap and Several State Law Claims Against Teladoc Health to Proceed

Almeida Law Group is extremely pleased to announce that on June 25, 2025, the Honorable Nelson S. Román, United States District Judge for the Southern District of New York, issued an Opinion & Order denying Teladoc Health, Inc.’s motion to dismiss Plaintiffs’ Electronic Communications Privacy Act (ECPA) and various state law claims. By the putative class action lawsuit, captioned Pattison v. Teladoc Health, Inc., Case No. 23-cv-11305, Plaintiffs allege that Teladoc Health installed tracking technologies on its website to collect and to disclose protected health information with third-party AdTech giants such as Facebook and Google  

In largely denying the motion to dismiss, Judge Roman held that Plaintiffs had put forth allegations sufficient to invoke the crime-tort exception of the ECPA. The Court found, “Plaintiffs are not pleading that the mere act of interception is the criminal or tortious act; rather, Plaintiffs are pleading that the criminal or tortious act is the independent, secondary act of disseminating through the Pixel and Conversions API Plaintiffs’ PHI and PII to third parties such as Facebook and Google.” 

In addition to the ECPA claim, Judge Román sustained several other claims: a common law claim for breach of confidence and statutory claims for violations of the New York Deceptive Trade Practices Act, Florida Security of Communications Act, California Invasion of Privacy Act, California Confidentiality of Medical Information Act, California Unfair Competition Law, and California Consumers Legal Remedies Act.  

Almeida Law Group looks forward to continuing to litigate this case through the discovery process to achieve justice for its clients and any other persons affected by Teladoc’s alleged conduct.