Flo App Lawsuit Settlement Update, $59.5M Deal After Meta Jury Verdict
The Flo app lawsuit resulted in a combined $59.5 million settlement with Google ($48M), Flo Health ($8M), and Flurry ($3.5M), while a California jury found Meta liable for violating privacy laws by collecting users’ menstrual and pregnancy data without consent between November 2016 and February 2019.
What Is the Flo App Lawsuit About?
The class action lawsuit Frasco v. Flo Health Inc. (Case No. 3:21-cv-00757-JD) filed in U.S. District Court for the Northern District of California alleges Flo Health shared sensitive reproductive health data with Meta, Google, and analytics firms through software development kits (SDKs) embedded in the period-tracking app.
Lead plaintiff Erica Frasco and seven other women sued on January 29, 2021, claiming Flo disclosed menstruation dates, sexual activity, pregnancy plans, and location data to third parties despite promising users their information would remain private.
The lawsuit centers on data sharing from November 1, 2016, through February 28, 2019, when Flo had over 38 million active users.
Latest Settlement Developments
September 2025: Attorneys filed for preliminary approval of the $59.5 million settlement covering:
- Google: $48 million (settled before trial July 2025)
- Flo Health: $8 million (settled during trial July 31, 2025)
- Flurry: $3.5 million (settled April 2025)
August 1, 2025: A federal jury found Meta liable for violating the California Invasion of Privacy Act (CIPA). Meta refused to settle and remains the only non-settling defendant facing potential statutory damages.
California residents in the class will receive double the per-person payment compared to other class members under the settlement terms.
What Legal Claims Were Made?
The lawsuit alleged violations of:
California Invasion of Privacy Act (CIPA) Section 632: Prohibits eavesdropping on confidential communications without all-party consent. The jury found Meta intentionally intercepted users’ health data.
California Confidentiality of Medical Information Act (CMIA): Protects disclosure of medical information. Judge James Donato noted during trial that evidence for this claim against Flo was “insurmountable” in difficulty for plaintiffs.
Breach of Contract: Flo’s privacy policy stated the company “will not transmit any of your personal data to third parties” except with explicit consent.
Intrusion Upon Seclusion: Alleged defendants invaded users’ reasonable expectation of privacy regarding intimate health details.
How Did Defendants Collect User Data?
Flo embedded Meta’s SDK and Google Analytics in its app. When users entered health information, these tools captured and transmitted data through 12 custom event fields tracking:
- Menstruation cycle dates
- Sexual activity frequency
- Pregnancy status and goals
- Masturbation tracking
- Birth control usage
Meta and Google received this data in real-time as users interacted with the app, according to trial evidence presented by plaintiffs’ attorneys from Labaton Keller Sucharow.
What Did the Meta Jury Verdict Find?
The eight-member jury unanimously answered three questions:
- Did Meta intentionally eavesdrop? YES – Meta used electronic devices to intercept confidential communications
- Did users have privacy expectations? YES – A reasonable person would expect health data remained private
- Did Meta have consent? NO – Users did not authorize Meta to collect their information
Lead trial attorney Michael P. Canty argued Meta “collected it, recorded it, used it, exploited it, profited from it” for targeted advertising.
Who Qualifies for the Settlement?
Nationwide Class: All Flo app users in the United States who entered menstruation and/or pregnancy information between November 1, 2016, and February 28, 2019.
California Subclass: California residents who entered the same information while residing in California during the class period.
Excluded: Judges, defendants, their subsidiaries, and employees.
The court certified both classes on May 19, 2025, under Federal Rule of Civil Procedure 23(b)(3).
What Compensation Will Class Members Receive?
Settlement payments are distributed on a pro rata basis:
- Nationwide class members: One share of the net settlement fund
- California subclass members: Two shares (double payment)
Final payment amounts depend on the number of approved claims filed after preliminary court approval.
If 100,000 valid claims are submitted with a $40 million net fund:
- California residents: ~$800 per person
- Other class members: ~$400 per person
Payments will be issued after claim processing and final court approval.
How to File a Claim
Settlement Website: PeriodTrackerDataPrivacyLitigation.com
Contact Information:
- Email: [email protected]
- Phone: (866) 778-9626
- Mail: Period Tracker Data Privacy Litigation, c/o A.B. Data, P.O. Box 173126, Milwaukee, WI 53217
Claim filing deadlines will be announced after the court grants preliminary approval. No action is required to remain in the class unless you wish to opt out.
What Happens to Meta?
Meta faces potential statutory damages under CIPA Section 637.2, which allows $5,000 per violation or three times actual damages, whichever is greater.
With millions of class members potentially affected, Meta’s liability could reach billions of dollars. Meta plans to appeal the verdict and maintains in statements that “user privacy is important to Meta, which is why we do not want health or other sensitive information.”
The damages phase has not yet been scheduled.
Current Case Status
- Preliminary Settlement Approval: Motion filed September 23, 2025 (pending)
- Final Approval Hearing: To be scheduled after preliminary approval
- Opt-Out/Objection Deadline: To be announced
- Meta Appeal: Expected after damages determination
Judge James Donato presides over the case in the Northern District of California, San Francisco courthouse.
What Privacy Laws Apply?
California Invasion of Privacy Act (Cal. Penal Code § 632): California’s wiretap law requiring all-party consent for recording confidential communications. Violations carry criminal penalties and civil liability.
California Confidentiality of Medical Information Act (Cal. Civil Code §§ 56 et seq.): Restricts disclosure of medical information by healthcare providers and related entities.
Federal Trade Commission Act: The FTC previously investigated Flo Health, resulting in a 2021 settlement requiring Flo to obtain affirmative consent before sharing health data and undergo independent privacy audits.
No federal health privacy law specifically regulates consumer health apps like HIPAA does for medical providers.
Similar Privacy Lawsuits
BetterHelp (2023): FTC settlement of $7.8 million for sharing mental health data with Facebook and Snapchat for advertising.
GoodRx (2023): $1.5 million FTC settlement for disclosing health information to Facebook, Google, and other platforms.
WebMD, Walgreens, CVS: Multiple class actions filed in 2024-2025 alleging improper use of Meta Pixel and analytics tools on healthcare websites.
The Flo case represents one of the first jury verdicts against Big Tech in health data privacy litigation.
What Flo Health Says
Flo Health issued a statement on July 31, 2025: “We have always maintained that the claims lacked merit, and as the case progressed, the lack of evidence to support these allegations became increasingly clear in Court. Importantly, this settlement includes no admission of wrongdoing.”
Flo agreed to display a prominent privacy notice on its website homepage for one year after final settlement approval.
What Privacy Advocates Say
Carol C. Villegas and Michael P. Canty of Labaton Keller Sucharow stated: “This verdict sends a clear message about the protection of digital health data and the responsibilities of Big Tech. Companies like Meta that covertly profit from users’ most intimate information must be held accountable.”
Privacy experts note the verdict could impact hundreds of pending lawsuits involving tracking pixels and SDKs on healthcare platforms.
FAQs
How do I know if I’m in the class? If you used the Flo app in the U.S. and entered period or pregnancy information between November 1, 2016, and February 28, 2019, you automatically qualify.
Do I need to do anything to join? No. You’re automatically included unless you opt out. File a claim after preliminary approval to receive payment.
When will I receive payment? After the court grants final approval and the settlement administrator processes claims, likely in 2026.
Can I opt out? Yes. Opt-out instructions will be provided in the class notice after preliminary approval.
What if I deleted the app? You still qualify if you used it during the class period and entered menstruation or pregnancy information.
Will my claim be confidential? Yes. The settlement administrator will not publicly disclose individual claimants’ information.
How much will attorneys receive? Class counsel will request up to 33% of the settlement fund plus expenses, subject to court approval.
Last Updated: December 2025. Settlement terms subject to court approval. This article provides legal information, not legal advice. Consult an attorney for advice about your specific situation.
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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