CVS Health and digital advertising firm Criteo have decided to a $20.5 million settlement to take care of a class action litigation relating to accusations that website and mobile app tracking technologies exposed users’ personal data and protected health information (PHI) to third parties.
The litigation involves the use of tracking codes on the CVS Health site and CVS Pharmacy mobile app. As per the lawsuit, the tracking tools gathered sensitive data from web users and sent that data to companies, such as Medallia, Criteo, Quantum Metric, and Adobe Inc.
The plaintiffs claimed that users were uninformed that the tracking systems were gathering and exposing their sensitive data with third parties for promotion and marketing reasons.
CVS Health and Criteo faced multiple class action lawsuits because of the alleged disclosures. Since the lawsuits had overlapping claims, they were consolidated into Brewer, et al. v. CVS Pharmacy, Inc. and Criteo Corp., a lawsuit that is filed in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida.
The lawsuit stated the following claims: negligence, invasion of privacy, breach of confidence, and breach of the Electronic Communications Privacy Act. CVS Health and Criteo do not admit that they broke any law and dispute the claims stated in the lawsuit.
Settlement Terms
On March 17, 2026, mediation started for both parties, which continued for several weeks. Eventually, the parties agreed on settlement terms, which the court preliminarily approved.
The settlement terms state that the defendants consented to pay attorneys’ fees and costs, service awards for class representatives, settlement management costs, and cash payments to qualified class members.
The settlement class includes people who used the CVS Health website or app before July 27, 2026.
Qualified class members who can provide documentation creating their class membership may file a claim for up to $10.00. Those who submitted a claim but could not give proof of class membership may get up to $5.00.
Pro-rated payments will be applied if the amount needed to meet the claims is greater than the applicable settlement limit.
The last day to opt out of the settlement or file an objection is November 1, 2026. Claims are due by November 16, 2026. The final fairness hearing will be on December 1, 2026.