WebMD Lawsuit: Three Privacy Cases, No Settlement Yet
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The WebMD lawsuit in the news is Penning v. WebMD LLC, a proposed class action that WebMD moved into federal court in California on March 27, 2026. It is not alone: a separate suit says WebMD kept tracking California visitors after they switched tracking off, and a certified WebMD class action in Georgia says video-viewing data went to Facebook. As of October 2026 none of them has settled. There is no fund, no claim form and no deadline.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the WebMD Privacy Lawsuits Allege
All of the current WebMD privacy cases are about what happens in your browser when you visit webmd.com — not about a hack. They differ in which tracking tool and which law.
Penning v. WebMD LLC. A proposed class action filed on behalf of “similarly situated individuals.” The court records we could read deal with where the case belongs, not the merits, so we do not describe its claims beyond what the docket shows: a diversity tort case. Besides WebMD LLC, the docket lists WebMD Health Corp., MH Sub I, LLC, Kohlberg Kravis Roberts & Co., Inc. and IB Aggregator II, L.P. as defendants.
Brown v. WebMD LLC (cookie banner). Three California residents allege that they turned off the “Sale of Personal Data” setting in WebMD’s cookie banner and clicked “Confirm My Choices,” yet WebMD still let third parties collect data about them. The complaint names Google, Adobe and Teads. It pleads six claims, including wiretapping under the California Invasion of Privacy Act (Penal Code § 631), use of a pen register (§ 638.51), invasion of privacy, fraud and unjust enrichment.
Jancik v. WebMD LLC (Facebook Pixel). The lawsuit alleges that WebMD placed the Facebook Pixel on its site since at least 2020, so that page URLs, button clicks and video titles reached Facebook and could be matched to users’ profiles for targeted ads — without consent, in violation of the federal Video Privacy Protection Act. WebMD disputes the claims; none has been proven.
Case Details
Penning: Penning v. WebMD LLC, No. 4:26-cv-02717-HSG, U.S. District Court for the Northern District of California (Oakland), before Judge Haywood S. Gilliam, Jr. WebMD removed it on March 27, 2026 and moved to transfer or dismiss; briefing was set to finish May 21, 2026. It is the second round: an earlier version, Penning v. MedicineNet, Inc., No. 4:25-cv-05992-JST, was removed by WebMD from Contra Costa County Superior Court and sent back there on October 3, 2025, after WebMD itself argued the plaintiff lacked Article III standing.
Brown: filed April 3, 2026 in the Northern District of California (No. 26-cv-02920-AMO). On September 11, 2026 Judge Araceli Martinez-Olguin granted WebMD’s motion to transfer it to the District of New Jersey, where WebMD is headquartered. It is now No. 2:26-cv-12019 there. WebMD’s motion to dismiss was terminated without prejudice to refiling in New Jersey.
Jancik: No. 1:22-cv-00644-TWT, Northern District of Georgia, before Judge Thomas W. Thrash Jr.
Status: Active Cases, No Settlement
The pattern in 2026 is a fight over venue. WebMD has asked courts to move California suits to New Jersey, and in Brown it won that request on September 11, 2026. We could not confirm a ruling on the matching motion in Penning.
The most advanced case is Jancik. On February 20, 2025 the Georgia court certified a class — which the plaintiffs’ firm calls the first contested class certification under the VPPA. Certification is not a win on the merits; it means the case can proceed on behalf of the whole group. We could not confirm the current status of Jancik: a docket summary reports that a motion for preliminary approval of a class settlement was granted on August 19, 2025. We could not read the order, so check the docket before relying on this page.
For context: WebMD is also a plaintiff in 2026. MH Sub I, LLC (Internet Brands), WebMD Health Corp. and WebMD LLC sued Google on antitrust grounds (N.D. Cal. No. 5:26-cv-03143, filed April 13, 2026). That case pays consumers nothing.
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Who Could Be Covered
It depends on the case. Nobody has to sign up for any of them now.
Jancik (certified class): people in the United States who, from February 17, 2020 through the date class notice goes out, used the same email address for a webmd.com subscription and a Facebook account, and for whom Meta holds data showing they watched videos on webmd.com. There is a subclass for viewing through a WebMD newsletter. If you are in it, notice comes to you; you do nothing to stay in.
Brown (proposed class): people who browsed WebMD in California after turning off the “Sale of Personal Data” toggle in the site’s “Manage Preferences” window. No class has been certified.
Penning (proposed class): the class definition is not in the records we could read. No class has been certified.
Is There Money? Not Yet
What the laws allow: the Video Privacy Protection Act provides statutory damages of $2,500 per violation, which is why Jancik matters. That is a ceiling written into the statute, not a forecast. Privacy class actions that settle usually pay far less per person once a fund is split among everyone who files, and Jancik could still end at summary judgment, trial or decertification. Our data breach settlement calculator shows how fund size and claim rates drive individual payments.
How cases like this one end
Our copy of the federal courts’ own case database covers 80,165 other statutory actions casesclosed in U.S. federal district courts between 2015 and 2025, 11.8% of them filed as class actions:
- 26% ended in a settlement recorded by the court. Another 22.4% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 26% and 48.4%.
- 7.4% were decided on a motion before any trial.
- 1 in 155 reached a trial (0.6%), after a median of 22 months.
- Median time from filing to the end of the case: 5 months.
- Only 1,717 of them (2.1%) record a money award at all; the median of those is $195,000.
These are base rates for this type of case (federal other statutory actions cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
WebMD Privacy Litigation Timeline
- 1
November 18, 2020 — Session-Replay Suit
Narvaez v. WebMD LLC alleges WebMD and Mouseflow recorded visitors’ keystrokes and mouse clicks in violation of California’s privacy law. We could not verify its outcome.
- 2
February 20, 2025 — VPPA Class Certified
Judge Thomas W. Thrash Jr. certifies a class in Jancik v. WebMD LLC over video-viewing data allegedly shared with Facebook.
- 3
October 3, 2025 — First Penning Case Remanded
A federal judge sends Penning v. MedicineNet back to Contra Costa County Superior Court after WebMD argued the plaintiff lacked standing.
- 4
March 27, 2026 — Penning Back in Federal Court
WebMD removes Penning v. WebMD LLC to the Northern District of California (No. 4:26-cv-02717) and moves to transfer or dismiss.
- 5
April 3, 2026 — Cookie-Banner Suit Filed
Brown v. WebMD LLC alleges tracking continued after California users turned off the “Sale of Personal Data” setting.
- 6
September 11, 2026 — Brown Sent to New Jersey
The court grants WebMD’s transfer motion; the case is now No. 2:26-cv-12019 in the District of New Jersey. No WebMD case has settled.
Three Things to Watch For
Health-site privacy cases with no claim form attract imitators. Watch for these:
“Claim your WebMD settlement” sites
As of October 2026 there is no WebMD settlement and no claims website. A page asking for your Facebook login, Social Security number or bank details to “secure your $2,500” is phishing. The $2,500 figure is a statutory amount, not a promised payment.
Emails about your “health searches”
Messages claiming to know what you looked up on WebMD, and demanding payment to keep it private, exploit these lawsuits. Court notices never threaten or ask for money.
Ads promising to “join” the Jancik class
Membership in a certified class is decided by its definition and records, not by signing up. If you are in it, a court-approved notice tells you. A retainer signed through an ad is a separate legal agreement — read it first.
WebMD Lawsuit — Questions People Actually Ask
What is the WebMD lawsuit in the news?
Most likely Penning v. WebMD LLC, No. 4:26-cv-02717, a proposed class action that WebMD removed to federal court in Oakland on March 27, 2026. Two other WebMD privacy cases are also active: Brown (cookie banner, now in New Jersey) and Jancik (Facebook Pixel and video viewing, Georgia).
Is there a WebMD class action settlement?
No. As of October 2026 no WebMD privacy case has settled. There is no fund, no claim form and no deadline. Check our list of open class action settlements for cases that are paying.
What does the WebMD privacy case say WebMD did?
The cases allege that tracking tools on webmd.com sent visitors’ activity to third parties — Facebook in Jancik; Google, Adobe and Teads in Brown — without valid consent. In Brown the key allegation is that tracking continued after users opted out. These are allegations, not findings.
Am I part of the Jancik class?
Possibly, if since February 17, 2020 you watched videos on webmd.com, used the same email for a WebMD subscription and Facebook, and Meta holds matching viewing data. You do not need to do anything now; if the case pays out, notice will explain how.
How much could I get?
Nothing is payable today. The Video Privacy Protection Act sets statutory damages of $2,500 per violation, but that only applies if the plaintiffs win, and settlements typically pay much less per person.
Why does WebMD keep moving cases to New Jersey?
WebMD is a Delaware company headquartered in New Jersey, and it has asked California courts to send these cases there. In Brown, the court agreed on September 11, 2026 and transferred the case. Moving a case does not end it.
Is Medscape or MedicineNet part of this?
MedicineNet, Inc. was a defendant in the first Penning case; WebMD told the court it is a defunct entity. We found no current consumer class action naming Medscape.
What can I do right now?
Nothing is required. If you care about tracking, review cookie settings and use browser privacy controls, and keep any official notice you receive. Ignore anyone charging a fee to “file” a WebMD claim.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.
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