On September 30, 2025, Judge Adam B. Abelson of the U.S. District Court for the District of Maryland denied a motion to dismiss filed by Shady Grove Reproductive Science Center, P.C. (“Shady Grove”) in Doe et al v. Shady Grove Reproductive Science Center, P.C., No. 8:24-cv-02368 (D. Md.).

Lowey Dannenberg represents Plaintiffs whose sensitive health information was disclosed to third parties—such as Google, Meta, and Microsoft—through Shady Grove’s use of tracking technologies on its website, without Plaintiffs’ knowledge or consent.

Shady Grove operates approximately 50 fertility clinics across 10 states, providing a wide range of reproductive services such as fertility testing, intrauterine insemination (IUI), in vitro fertilization (IVF), preimplantation genetic testing, and egg freezing.

Plaintiffs bring claims for intrusion upon seclusion, violation of the Maryland Wiretapping and Electronic Surveillance Act (“Maryland Wiretap Act”), violation of the Maryland Consumer Protection Act, and unjust enrichment.

Judge Abelson held that Plaintiffs’ allegations were sufficient to support all four claims. Specifically, he emphasized the “inherently private and particularly sensitive” nature of information involved in fertility treatment (Mem. Op., ECF No. 29 at 10–11). The Court further held Shady Grove’s alleged sharing of this data for marketing and advertising purposes, without the knowledge or authorization of its patients, supported a claim under the Maryland Consumer Protection Act and for unjust enrichment.

Significantly, Judge Abelson noted this was one of the first opportunities Maryland courts have had to evaluate these tracking technologies in the context of the Maryland Wiretap Act. In doing so, Judge Abelson concluded that Plaintiffs plausibly alleged that Shady Grove willfully embedded tracking tools that disclosed the contents of communications between users and the clinic to third parties in violation of the statute.

Lowey looks forward to continuing to protect the privacy rights of Plaintiffs and the putative class.