Siskinds has filed two proposed privacy class actions against BetterHelp, Inc. (“BetterHelp”) in Ontario and British Columbia. These proposed class actions arise from the improper and unauthorized disclosure of intimate personal health information, which it collected from consumers through its provision of mental health services, despite its assurances that it would maintain the confidentiality of such information. From 2013 until December 2020, BetterHelp offered online mental health services under a variety of names, including:
- BetterHelp
- Compile
- MyTherapist
- iCounseling
- Terappeuta
- Teen Counseling
- Pride Counseling
- Faithful Counseling
- Regain
Specifically, the lawsuits arise from allegations that BetterHelp intentionally and improperly disclosed the personal health information of its consumers to third-party advertisers such as Facebook, Snapchat, Pinterest and Criteo, for its own monetary gain in violation of its own representations to consumers, privacy policy, applicable privacy legislation, and industry standards.
The lawsuits are brought on behalf of all Canadian residents who registered a user account on a BetterHelp website or application at any time since its inception but prior to January 1, 2021.
This case was initiated in Ontario by Statement of Claim on April 26, 2023, and in British Columbia by Notice of Civil Claim on May 11, 2023.
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Developments
On September 7, 8 and 12, 2023, Justice Thomas of the Supreme Court of British Columbia heard a carriage application between our British Columbia action and a parallel action filed by a different plaintiff and law firm arising from the same subject matter.
On September 22, 2023, Justice Thomas published written Reasons granting carriage to our action and staying the parallel action. A copy of the Reasons of Justice Thomas can be found here.