A class action lawsuit filed in Monongalia County Circuit Court claims University Health Associates (West Virginia University Medical Corp.) unlawfully publicized the plaintiffs’ confidential information in publicly accessible lawsuits and county clerks’ offices throughout the state.
The plaintiffs, represented by Bordas and Bordas Attorneys LLC and identified on the complaint as John and Jane Doe, allege UHA’s conduct and breach of privacy interests create a “high risk that the plaintiffs, and the class they represent, will become victims of identity theft and suffer financial harm.”
The plaintiffs, and the class they represent, consist of West Virginia consumers who were sued by UHA, or third-party debt collectors acting as UHA agents, for unpaid healthcare bills.
According to the lawsuit, in the course of obtaining judgment against plaintiffs and seeking enforcement of that judgment, UHA “disclosed to the public plaintiffs’ full name, Social Security number, date of birth, and current address.”
The plaintiffs state their private information was openly available on requests, affidavits and other court documents filed in or provided to county clerks’ offices, public notaries and plaintiffs’ employers.
The complaint states UHA had “no legitimate reason for disclosing the plaintiffs’ personal information.”
Plaintiffs allege UHA understands the risk of identity theft created by the disclosure of confidential information and knows and understands the need for sensitive financial information to be kept secure.
The suit claims in spite of that knowledge, UHA has engaged in patterns and practices of publicly disclosing private data obtained from those seeking medical attention.
The suit also claims UHA “misrepresented the applicable post-judgment interest rate in pleadings and other papers and overcharged consumers.”
From pleadings and affidavits filed by UHA sought post judgment interest at a rate of 7%, the plaintiffs claim. Post-judgment interest rates set by the administrative office of the West Virginia Supreme Court of Appeals were 4.5% in 2018, 5.5% in 2019 and 2020, and 4% in 2021.
The plaintiffs believe they have several legal claims against UHA, including violation of the West Virginia Consumer Credit and Protection Act, invasion of privacy and public disclosure of private facts, breach of fiduciary duty and punitive damages.
The class is asking the court to order the alleged debts of the plaintiffs and all class members be canceled, with any monies collected to be returned, as well as civil penalties, actual or compensatory damages, pre-judgment and post-judgment interest at the proper rate allowed, punitive damages, attorney’s fees and costs, equitable relief and all other relief deemed just and equitable.
UHA officials are unable to comment on open litigation.
UHA is a private, not-for-profit corporation that operates and staffs clinics and hospitals throughout West Virginia and surrounding states.
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