By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Florida medical practices and other professional businesses are facing a flurry of lawsuits alleging that their websites violate the Florida Security of Communications Act (FSCA). These claims involve cookies, tracking technologies, and other website tools that allegedly collect or transmit information about visitors without proper notice or consent. If your medical group, dental practice, therapy practice, or other healthcare business receives one of these lawsuits, do not ignore it. Even if the allegations seem unusual, the lawsuit may require an immediate legal response.
Is a Website Privacy Lawsuit Legitimate or a Scam?
Receiving an unexpected lawsuit alleging that your website violated a communications privacy statute can understandably raise questions about whether the claim is legitimate. However, a filed lawsuit should never simply be dismissed as a scam without investigation. If your practice has been formally served with a summons and complaint, there may be strict deadlines for responding or appearing at a scheduled proceeding. Failing to respond can result in serious consequences, potentially including a default judgment. Healthcare professionals and practices that receive such a lawsuit should promptly have an experienced attorney review the complaint, summons, filing deadlines, and underlying allegations. Contact a litigation defense lawyer immediately.
What Is the Florida Security of Communications Act?
The Florida Security of Communications Act, found in Chapter 934 of the Florida Statutes, regulates certain interceptions and disclosures of communications. Section 934.10 provides a civil remedy under certain circumstances for individuals whose communications are allegedly intercepted, disclosed, or used in violation of the law. Recent lawsuits have attempted to apply Florida’s communications privacy laws to modern website technologies. The claims may allege that a business website improperly collected, recorded, tracked, or transmitted information about a visitor’s activity without appropriate disclosure or consent.
Why Are Florida Medical and Dental Practices Being Sued?
Based on a review of court records referenced in the underlying document, lawsuits of this type have been filed against a variety of professional businesses, including physicians, pediatricians, dentists, surgeons, therapists, urologists, architects, and other professional groups. The allegations generally focus on website technologies that may collect information when someone visits or interacts with a website.
Depending on how a website is configured, these technologies may include cookies, analytics programs, advertising pixels, session-recording tools, or other third-party tracking technologies. Plaintiffs may allege that these tools improperly capture or transmit information about their website activity.
Small Claims Lawsuits Can Still Create Significant Costs.
Most of these cases are brought in Florida’s small claims or summary procedure system. That does not necessarily mean the potential financial consequences are insignificant. In addition to the amount of damages sought (which can be small), a lawsuit may involve much larger legal expenses, court costs, and potentially claims for attorney’s fees where authorized by law. For this reason, healthcare practices should evaluate these cases based on both their legal defenses and the practical costs associated with litigation.
Depending on the specific circumstances, settlement may sometimes be considered as a business decision. However, each case should be independently evaluated by legal counsel before deciding how to proceed.
Review Your Medical Practice’s Website Immediately.
A lawsuit should also prompt an immediate review of the practice’s website and its privacy practices.
Contact the professionals responsible for managing your website, such as your web developer, IT professional, privacy consultant, or other appropriate vendor. Determine what cookies, pixels, analytics programs, session-recording technologies, and other tracking tools are currently installed. Healthcare practices should also determine whether visitors receive appropriate disclosures regarding cookies and other tracking technologies and whether consent mechanisms are appropriate for the technologies being used. Simply adding a generic cookie notice may not resolve every potential privacy issue. The appropriate response depends on what information the website collects, which third parties receive it, how the technology operates, and which privacy and communications laws may apply.
Healthcare Websites May Present Additional Privacy Concerns.
Healthcare organizations should be particularly careful when evaluating website tracking technologies. A healthcare website may allow visitors to search for medical conditions, locate specialists, request appointments, access patient portals, complete forms, or otherwise interact with information related to healthcare services.
Depending on the circumstances, tracking technologies used on these pages may raise additional privacy and regulatory concerns beyond the Florida Security of Communications Act. Healthcare practices should therefore consider website privacy and tracking technologies as part of their broader compliance efforts rather than treating cookie disclosures as merely a website design issue.
What Should You Do If Your Practice Is Sued?
If your medical practice or professional group receives a lawsuit alleging violations of the Florida Security of Communications Act, take it seriously. Do not allow the deadline for filing a response or attending a court proceeding to expire. Preserve relevant website records and documentation, including information about the technologies installed on the website. Avoid making unnecessary changes that could destroy information relevant to the litigation without first consulting counsel.
At the same time, work with appropriate legal and technical professionals to identify the website technologies involved and determine whether changes should be made going forward. Most importantly, obtain legal advice promptly. An attorney familiar with Florida law, privacy issues, and healthcare businesses can evaluate the allegations and help determine an appropriate response.
Protect Your Practice Before a Lawsuit Arrives.
Healthcare practices do not need to wait until they receive a complaint to review their websites. Medical groups should periodically audit their websites to identify cookies and tracking technologies, determine what visitor information is being collected or shared, review relationships with third-party technology providers, and ensure that privacy notices and consent practices accurately reflect how the website operates.
As privacy litigation continues to evolve, proactive website compliance can help practices identify potential vulnerabilities before they become the subject of a lawsuit.
Don’t Wait Until It’s Too Late! Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.
If you are a physician, healthcare professional, medical practice, or professional group that has received a lawsuit alleging violations of the Florida Security of Communications Act, consider obtaining experienced legal counsel immediately. At The Health Law Firm, we provide legal services for all health care providers and professionals. This includes physicians, dentists, nurses, resident physicians, mental health counselors, social workers, pharmacists, and health facilities. Our legal representation also includes medical students, medical school professors, and clinical staff. We represent health facilities, individuals, groups, and institutions in investigations, contracts, sales, mergers, and acquisitions.
To contact The Health Law Firm, please call our office at (407) 331-6620 or toll-free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 Toll-Free: (888) 331-6620.
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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999. Copyright © 2026 George F. Indest III, The Health Law Firm. All rights reserved. No part of this work may be reproduced in any way in any medium without the written permission of the copyright owner. The author of this work reserves the right to have his name associated with any use or publication of this work or any part of it.
