Frequently Asked Questions
- Why was Notice issued?
- What is a class action?
- What is this lawsuit about?
- Why is there a settlement?
- How do I know if I am in the Settlement Class?
- What does the settlement provide?
- How much will my payment be?
- When will I get my payment?
- How do I get a payment?
- What am I giving up if I stay in the Class?
- What happens if I do nothing at all?
- Do I have a lawyer in the case?
- How will the lawyers be paid?
- How do I get out of the settlement?
- If I don’t exclude myself, can I sue the Defendant for the same thing later?
- If I exclude myself, can I get anything from this settlement?
- How do I object to the settlement?
- What’s the difference between objecting and excluding myself from the settlement?
- When and where will the Court decide whether to approve the settlement?
- Do I have to come to the hearing?
- May I speak at the hearing?
- Where do I get more information?
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Why was Notice issued?
A court authorized Notice because you have a right to know about a proposed settlement of this class action lawsuit and about all of your options, before the Court decides whether to give Final approval to the settlement. The Notice explains the lawsuit, the settlement, and your legal rights.
The case is called Mohr, et al. v. The Trustees of The University of Pennsylvania as Owner and Operator of The University of Pennsylvania Health System (d/b/a Penn Medicine) , Case No. 230102149, pending in the Court of Common Pleas of Philadelphia County. The people who sued are called the Plaintiffs. The Defendant is The Trustees of The University of Pennsylvania as Owner and Operator of The University of Pennsylvania Health System (d/b/a Penn Medicine).
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What is a class action?
In a class action, one or more people called the class representatives (in this case, Johnathon Mohr, Anna Gallini, Samuel Best, Stephanine Cissorsky, Maya Shengold, Eli Steiker-Ginzberg, Daniel Winikur, Lisa Watt, Ian Zolitor, Markeita Reid, and Colin Powers) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the class.
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What is this lawsuit about?
This lawsuit claims that Defendant violated the Pennsylvania Wiretapping and Electronic Surveillance Control Act, 18 Pa. Cons. Stat. § 5701, et seq. (the “WESCA”) by disclosing its patients’ personally identifiable information (“PII”) to third parties via the Meta and Google tracking pixels and other tracking, analytics, and/or advertising technologies without consent. Defendant denies all of Plaintiffs’ claims in the lawsuit and maintains that it engaged in no wrongdoing.
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Why is there a settlement?
By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid timely Claims will get compensation. The Representative Plaintiffs and their attorneys believe the settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class and its members. The settlement does NOT mean that Defendant did anything wrong.
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How do I know if I am in the Settlement Class?
The Settlement Class is defined as:
All Persons who between January 23, 2021, and January 23, 2023, accessed the myPennMedicine patient portal and had a Pennsylvania address on file at the time of access.
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What does the settlement provide?
Monetary Relief: Each Settlement Class Member who files a valid Claim will receive a cash payment of up to $15. In addition, Defendant has agreed to pay the costs of Notice and administration of the settlement, approved attorneys’ fees and costs to Class Counsel, and incentive awards to the Class Representatives. Defendant has agreed to pay up to a total of $9,250,000.
Prospective Relief: Additionally, Defendant is not currently using the Meta pixel on the pennmedicine.org website and pursuant to the settlement, will have its Web Governance Committee assess the implementation and use of analytics and advertising technologies on the website. Moreover, while continuing to deny liability, Defendant agrees that for the next two years, Defendant will not use analytics and advertising technologies on pennmedicine.org unless the web governance committee determines that its use is consistent with applicable law at that time.
A detailed description of the settlement benefits can be found in the Settlement Agreement.
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How much will my payment be?
You must have submitted a Claim Form to receive a payment. If you submitted a valid Claim Form, you will receive a cash payment of up to $15.
You must have provided proof of your Settlement Class membership when filing a Claim by providing the unique Notice ID and PIN on the Notice you received by e-mail. If for some reason you did not receive this information, but believe you are a Settlement Class Member, please call 1-877-327-7567 to verify your identity and receive further information.
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When will I get my payment?
The hearing to consider the fairness of the settlement is scheduled for November 12, 2026, via Zoom. If the Court approves the settlement, eligible Settlement Class Members whose Claims were approved by the Settlement Administrator will receive their payment 90 days after the settlement has been finally approved and any appeals process is complete. The payment will be made in the form of a check, unless you elect to receive payment by PayPal, Venmo, Zelle, ACH, or eMasterCard. All checks will expire and become void 180 days after they are issued.
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How do I get a payment?
The deadline to file a claim was September 16, 2026, and has passed.
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What am I giving up if I stay in the Class?
If the settlement becomes Final, you will give up your right to sue Defendant for the claims this settlement resolves. The Settlement Agreement describes the specific claims you are giving up against the Defendant. You will be “releasing” the Defendant and certain of its affiliates described in Section 1.25 of the Settlement Agreement. Unless you excluded yourself (see Question 14), you are “releasing” the claims, regardless of whether you submitted a Claim Form or not. The Settlement Agreement is available through the “Court Documents” link on this Settlement Website.
The Settlement Agreement describes the Released Claims with specific descriptions, so read it carefully. If you have any questions, you can talk to the lawyers listed in Question 12 for free, or you can, of course, talk to your own lawyer if you have questions about what this means.
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What happens if I do nothing at all?
If you did nothing, you will not get any benefits from this settlement. But, unless you excluded yourself, you will not be able to start a lawsuit or be part of any other lawsuit against the Defendant for the claims being resolved by this settlement.
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Do I have a lawyer in the case?
The Court has appointed Philip L. Fraietta and Alec M. Leslie of Bursor & Fisher, P.A. and Scott R. Drury of Drury Legal, LLC to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.
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How will the lawyers be paid?
Class Counsel’s attorneys’ fees, costs, and expenses will be paid by Defendant and awarded by the Court. Class Counsel is entitled to seek no more than $3,700,000, but the Court may award less than this amount.
As approved by the Court, the Class Representatives will be paid an incentive award by Defendant for helping to bring and settle the case. Class Representatives Mohr, Gallini, Cissorsky, Shengold, Steiker-Ginzberg, Winikur, Watt, Reid, and Powers may seek up to $5,000 each, and Class Representatives Best and Zolitor may seek up to $2,500 each, as an incentive award, but the Court may award less than this amount.
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How do I get out of the settlement?
The deadline to exclude yourself from the settlement was September 1, 2026, and has passed.
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If I don’t exclude myself, can I sue the Defendant for the same thing later?
No. Unless you excluded yourself, you gave up any right to sue the Defendant for the claims being resolved by this settlement.
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If I exclude myself, can I get anything from this settlement?
No. If you excluded yourself, you are not entitled to any benefits of the settlement, and you should not have submitted a Claim Form to ask for benefits.
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How do I object to the settlement?
The deadline to object to the settlement was September 1, 2026, and has passed.
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What’s the difference between objecting and excluding myself from the settlement?
Objecting simply means telling the Court that you do not like something about the settlement. You could have objected only if you stayed in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you do not want to be part of the Settlement Class. If you excluded yourself, you had no basis to object because the case no longer affected you.
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When and where will the Court decide whether to approve the settlement?
The Court will hold the Final Approval Hearing via Zoom on November 12, 2026, at 2:00 p.m. EST. The purpose of the hearing will be for the Court to determine whether to approve the settlement as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for incentive awards to the Class Representatives. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the settlement.
The hearing may be postponed to a different date or time without notice, so it is a good idea to check this website or call 1-646-837-7150.
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Do I have to come to the hearing?
No. Class Counsel will answer any questions the Court may have, but you are welcome to come at your own expense. If you sent an objection, you do not have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it is not required.
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May I speak at the hearing?
You may appear and ask the Court for permission to speak at the Fairness Hearing. You should have included any such request in your written objection to the settlement along with your name, address, telephone number and signature, as well as the name and address of your lawyer, if one is appearing for you.
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Where do I get more information?
This information summarizes the settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement on the Documents page. You may also write with questions to UPHS Pixel Settlement, P.O. Box 4536, Portland, OR 97208-4536. You can call the Settlement Administrator at 1-877-327-7567 (Toll-Free) or Class Counsel at 1-646-837-7150, if you have any questions. Before doing so, however, please read the full Notice carefully. You may also find additional information elsewhere on this Settlement Website.
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