Tuesday, September 04, 2012

Texas Fed. Court Remands Class Action against Ingenix for Violation of Privacy of ERISA Participants & Beneficiaries

Quintana filed a class action suit in Texas state court against Ingenix relating to its practice of reaching out to liability insurers.  To assist in collecting ERISA subro claims, Ingenix would contact the TF’s insurer and make disclosures of private and confidential matters.  This class action asserts “claims that include violation of privacy under Texas common law, negligent invasion of privacy under the Texas medical privacy statutes, negligence, negligent invasion of privacy under Texas law, and violation of the Texas Administrative Code.”  

Ingenix removed the case to federal court claiming protection under ERISA preemption. This court holds that the class action is “not completely preempted by federal law” and remands the case to state court."

You may find the Order here: http://www.lienresolutiongroup.com/quintanavingenix.pdf