Siskinds LLP has filed two proposed privacy class actions against BetterHelp, Inc. (“BetterHelp”) in Ontario and British Columbia. These proposed class actions arise from the plaintiffs’ allegations that there was improper and unauthorized disclosure of intimate personal health information, which BetterHelp collected from consumers through its provision of mental health and support services, despite its assurances that it would maintain the confidentiality of such information.
BetterHelp and its affiliates
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
Class actions claim BetterHelp misused personal information
Specifically, the class action 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 policies, applicable privacy legislation, and industry standards.
Eligibility for the BetterHelp lawsuit
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 against BetterHelp 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.
Join the BetterHelp class action today
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Developments
Siskinds filed two proposed privacy class actions against BetterHelp, Inc. (“BetterHelp”) in Ontario (the “F.D. Action”) and British Columbia (the “A.T. Action”). Both of these actions assert claims on behalf of persons who registered a user account on a BetterHelp website or application prior to January 1, 2021. A third class action arising from the same subject matter was also filed in British Columbia by a different plaintiff and law firm (“C.K. Action”). The C.K. Action asserted additional claims on behalf of Canadian residents who registered with BetterHelp after 2020.
Carriage application in British Columbia
In September 2023, Justice Thomas of the Supreme Court of British Columbia heard a carriage application between the A.T. Action and the C.K. Action and granted carriage of the matter to Siskinds’ A.T. Action and stayed the C.K. Action. A copy of the Reasons of Justice Thomas can be found here.
Appeal of the carriage decision
On January 22, 2024, the British Columbia Court of Appeal heard an appeal of this decision, and, by way of oral judgment on January 26, 2024, dismissed the appeal. The Court has not yet released written reasons. Given that the appeal was not granted, the C.K. Action is stayed and will not proceed.
Ontario Court discontinues F.D. Action
On January 23, 2024, by Court Order, Justice Perell of the Ontario Superior Court of Justice granted an order without reasons discontinuing the F.D. Action. A copy of the Order of Justice Perell can be found here. Those who were putative class members of the F.D. Action are part of the proposed class in the A.T. Action.
FAQs
For answers to common questions about class actions in Canada, such as timelines, eligibility, and settlement information, please visit our Class Action Lawsuit FAQ page.