The American Hospital Association and Illinois Health and Hospital Association are urging the 7th U.S. Circuit Court of Appeals to reverse a lower court ruling in a website-tracking lawsuit against Evanston, Ill.-based Endeavor Health, formerly known as Edward-Elmhurst Health.
In a May 27 amicus brief, the hospital groups said they support Endeavor Health and are asking the appeals court to reverse the district court’s decision and dismiss the plaintiffs’ Electronic Communications Privacy Act claim.
The brief says the appeal concerns whether the ECPA’s crime-tort exception applies when a complaint alleges a lawful purpose, such as marketing or improving digital services, but does not plausibly allege the defendant acted with a criminal or tortious purpose.
AHA and IHA argued the plaintiffs have not plausibly alleged Endeavor Health used online technologies such as Meta Pixel, Facebook Conversions API or Google Analytics for the purpose of committing a crime or tort.
The brief points to allegations in the complaint that Endeavor Health used the technologies for marketing, analytics and understanding how users interact with its website. The hospital groups argued those allegations describe lawful commercial and communications purposes, not a purpose to commit a crime or tort.
AHA and IHA also argued healthcare providers use such technologies to improve website functionality, disseminate accurate health information, deliver accessible health services and better understand community needs.
The groups said hospitals and health systems nationwide are facing widespread litigation over website-tracking technologies. According to the brief, nearly 300 such cases have been filed against healthcare organizations since 2022, including more than 120 within the 7th Circuit.
The brief argues the district court’s interpretation of the ECPA could threaten hospitals with significant statutory damages and criminalize common online tools used across industries.
To support that argument, AHA and IHA cited examples of analytics technologies being used on websites operated by federal agencies, including the Department of Veterans Affairs, Defense Health Agency and National Institutes of Health. The brief also said the 7th Circuit’s website uses Google Analytics-related technologies.
The hospital groups argued online analytics tools help providers improve website usability, understand what health information users seek and assess whether online resources are meeting community needs.
AHA and IHA asked the appeals court to reverse the district court’s decision and dismiss the plaintiffs’ ECPA claim.
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