The MDLive Settlement Email Is Real, but the “$3.5 Million” Is a Ceiling, Not a Pot: Each Claim Is Worth at Most $15, and Money Nobody Claims Goes Back to Evernorth and MDLIVE

Yes. The official settlement website, EHISettlement.com, answers the question in its own FAQ: “Email Notices are being sent to Settlement Class Members from the domain ‘e.emailksa.com’. Kroll Settlement Administration (KSA) is the Settlement Administrator for Kingsbury, et al. v. Evernorth Health Inc., et al.” If you are unsure about a message, the website lists (833) 453-3739 as the administrator’s number.

The emails go to addresses taken from the defendants’ own records. Under section 4.1 of the settlement agreement, Evernorth and MDLIVE give Kroll a list with the names, last known email addresses and mailing addresses of users who accessed the portal during the class period; people without a working email address get notice by mail. The site describes itself as “the only authorized website for this case.”

The settlement class is “all MDLIVE users who accessed MDLIVE’s portal, patient.mdlive.com, and engaged in any activity on the portal after signing in from May 30, 2023, through August 11, 2025.”

To be paid, you also have to confirm on the claim form that you had an active Facebook and/or Google account during that period. Section 2.1(f) of the settlement agreement says an approved claim “must verify that the claimant had an active account with Facebook and/or Google during the Class Period,” and that each class member may submit only one claim.

The class definition is written around the signed-in web portal. The documents we read do not address use of an app separately, so if you are unsure whether your visits count, ask the administrator before the deadline.

Most class settlements create a fund that is split among everyone who files, so a low claim rate raises each payment. This one works differently. The settlement agreement defines the $3,500,000 “Settlement Benefit Cap” as “Defendants’ maximum financial obligation in this matter.” Approved claims, the lawyers’ fees, the class representatives’ awards and the administration costs all come out of it.

Each approved claim is worth $15. Payments are reduced pro rata only if approved claims exceed what is left after fees and costs. Nothing in the agreement raises the $15 if fewer people file. Instead, section 2.1(e) says that money remaining after claims are paid, “including amounts attributable to uncashed checks, undeliverable payments, and voided checks, shall revert to Defendants.”

Our arithmetic: if the court awards the maximum fees of one-third ($1,166,667), the maximum $15,000 in costs and two $5,000 awards, about $2,308,333 remains before administration costs, which the documents we read do not estimate. At $15 each, that covers roughly 153,000 claims before any reduction, fewer once administration is paid. If 50,000 people file, the class receives $750,000 and the rest of the cap stays with the defendants. The fee request, by contrast, is measured against the full $3.5 million, not against what the class actually receives.

The lawsuit claims that the defendants violated the Florida Security of Communications Act (Fla. Stat. § 934.03) and the federal Electronic Communications Privacy Act (18 U.S.C. § 2511(1)) by disclosing website users’ sensitive information and private communications from the patient portal to Google and Meta without consent. The defendants, Evernorth Health, Inc. and MDLIVE, Inc., “expressly deny these allegations,” and the court has not decided who is right.

According to the settlement agreement, the parties mediated on May 6, 2026 and signed a binding term sheet on May 27, 2026. Plaintiff Kelly Kingsbury, a Florida resident, filed this action on June 23, 2026; Erin Yates is the second class representative. Judge Christine Marlewski entered the order granting preliminary approval, in an amended version electronically conformed on August 28, 2026.

Other health-website tracking settlements are built differently. The LiveHealth Online settlement over another telehealth service, as we reported, splits a fixed fund of about $2.04 million among the people who file.

• November 1, 2026 — class counsel post their fee request (up to one-third of the $3.5 million cap and up to $15,000 in expenses; up to $5,000 for each class representative).
• November 16, 2026 — deadline to exclude yourself (letter to the administrator) or to object (filed with the court in Tampa and sent to the lawyers for both sides). You cannot do both.
• December 1, 2026 — claim deadline: online by 11:59 p.m. ET or postmarked by that date.
• January 6, 2027, 9:30 a.m. — final approval hearing, held virtually by Zoom (meeting ID 923-3319-0791).

Payments go out only after final approval and any appeals. You receive a check unless you choose PayPal or Venmo on the online form; checks become void 90 days after they are issued. If you do nothing, you get no payment and still give up the claims the settlement releases.

The court appointed Alec Leslie and Stephen Beck of Bursor & Fisher, P.A. as class counsel; they can be reached at info@bursor.com with the subject “MDLIVE.” Mailing address for the administrator: Kingsbury v. Evernorth Health Inc., c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391.