Flo Period App Hit With $59.5M Settlement After Secretly Sharing Your Most Intimate Health Data—And One Tech Giant Just Got Slammed by a Jury
What’s the Flo App Lawsuit About?
Three major tech companies—Google, Flo Health, and Flurry—agreed to pay a combined $59.5 million settlement after a class action lawsuit alleged the Flo period-tracking app secretly shared users’ most intimate reproductive health data with third parties between November 2016 and February 2019. The preliminary settlement approval was filed September 23, 2025, covering approximately 38 million Flo users who entered menstruation, pregnancy, or fertility information during that period. Meanwhile, Meta (Facebook) refused to settle and faced trial—on August 1, 2025, a federal jury found them liable for violating California privacy law, making this one of the first jury verdicts against Big Tech for health data theft.
Here’s what stings: you trusted Flo with your period dates, sexual activity, pregnancy plans, and even miscarriage information because their privacy policy explicitly promised they “will not transmit any of your personal data to third parties.” But behind that promise, Flo allegedly embedded tracking tools from Facebook, Google, and others that harvested everything—then sold it to advertisers who used your most private moments to target you with ads.
The Allegations: What Flo Did With Your Data
The Secret Tracking Software
The lawsuit centers on Software Development Kits (SDKs)—pieces of code that app developers embed to add features or analytics. The problem? These SDKs gave Facebook, Google, and analytics firm Flurry direct access to everything users entered into Flo.
According to the complaint filed by lead plaintiff Erica Frasco and seven other women, Flo shared:
- Menstruation dates and cycle patterns
- Sexual activity logs
- Pregnancy attempts and conception plans
- Miscarriage information
- Gynecological health concerns
- Physical symptoms and mood tracking
- Location data showing where users were when logging information
The False Promise
Flo’s privacy policy stated the company would “not transmit any of your personal data to third parties, except if it is required to provide the service to you (e.g. technical service providers), unless we have asked for your explicit consent.”
That promise was allegedly a lie. Users never consented to Facebook, Google, or Flurry receiving their intimate health data—yet the lawsuit claims these companies received it automatically through embedded tracking tools.
How They Monetized Your Health Data
Once third parties received users’ health information, they allegedly used it to:
- Build detailed advertising profiles
- Target users with pregnancy-related ads
- Track users across other apps and websites
- Strengthen Meta’s advertising business (per the jury verdict)
- Sell data to brokers who package and resell consumer information
The $59.5 Million Settlement Breakdown
Google: $48 Million
Google settled before trial in July 2025. The search giant agreed to pay $48 million without admitting any wrongdoing or liability.
This represents the largest portion of the settlement fund and reflects Google’s extensive analytics and advertising infrastructure that allegedly profited from Flo users’ data.
Flo Health: $8 Million
Flo settled mid-trial on July 31, 2025—just one day after the judge indicated he would dismiss plaintiffs’ central claim for “lack of evidence” regarding California’s Confidentiality of Medical Information Act.
In a statement, Flo said: “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 also agreed to display a “prominent notice about Flo’s commitment to privacy” on its website’s landing page for one year once the settlement becomes final.
Flurry: $3.5 Million
Mobile analytics firm Flurry, which has since shut down, agreed in April 2025 to pay $3.5 million to settle claims it illegally harvested Flo user data.
Meta: REFUSED TO SETTLE—Jury Found Them Liable
Meta chose to fight the allegations in court. Bad move.
On August 1, 2025, after a jury trial held July 21-24 and July 30-August 1 in San Francisco federal court, the eight-member jury found Meta intentionally violated California’s Invasion of Privacy Act by “eavesdropping” on consumers’ menstrual and sexual health information without consent.
This is one of the first jury verdicts holding Big Tech liable for health data privacy violations. Meta now faces potential statutory damages separate from the settlements.
Who’s Eligible for Settlement Money?
Nationwide Class
You automatically qualify if you meet all these criteria:
- Used the Flo app in the United States
- Entered menstruation and/or pregnancy information into the app
- Between November 1, 2016, and February 28, 2019
California Subclass (Double Payment)
If you also:
- Lived in California during the class period
- Entered the same information while residing in California
California residents receive twice the pro rata share of other class members—a special provision recognizing California’s stronger privacy protections.
Excluded
You’re not eligible if you’re a judge, defendant, their subsidiary, or employee.
How Much Will You Actually Get?
Pro Rata Distribution
The settlement uses pro rata payments, meaning everyone shares the net settlement fund equally based on valid claims filed.
Payment Calculation Example
If 100,000 valid claims are submitted and the net fund is $40 million after administrative costs:
- Nationwide class members: 90,000 people × 1 share = 90,000 shares
- California subclass: 10,000 people × 2 shares = 20,000 shares
- Total shares: 110,000
Individual Payments:
- Each share = $40M ÷ 110,000 = $363.64
- Nationwide class members: $363.64
- California residents: $727.28 (double)
Actual amounts depend on total claims filed—more claimants means smaller individual payments.
Current Settlement Status and Timeline
September 23, 2025: Preliminary Approval Filed
Attorneys filed a motion for preliminary approval of the $59.5 million settlement in U.S. District Court for the Northern District of California.
Awaiting Court Action
As of January 2026, the court hasn’t yet granted preliminary approval. Once approved:
- Settlement administrator will launch official website
- Class members will receive notice by email or mail
- Claim deadline will be announced
- Fairness hearing scheduled (typically 90-120 days after preliminary approval)
Expected Timeline
Based on typical class action schedules:
- Preliminary approval: Q1 2026 (likely January-March)
- Claim deadline: 60-90 days after preliminary approval
- Final fairness hearing: Q2 2026 (likely April-June)
- Payments issued: Q3 2026 (likely July-September)
Check www.PeriodTrackerDataPrivacyLitigation.com for updates once the site launches.
The FTC Already Forced Flo to Change
This wasn’t Flo’s first privacy scandal. In January 2021, the Federal Trade Commission settled with Flo over allegations the company shared users’ health data with analytics providers Facebook and Google after promising to keep it private.
Under that FTC settlement, Flo must:
- Get users’ affirmative consent before sharing health data
- Undergo independent privacy audits
- Instruct third parties to delete previously shared data
- Notify users about data sharing practices
The FTC found that “besides breaking promises to Flo App users, Respondent’s disclosures violated several of the third parties’ own terms of service.”
Why This Case Matters Beyond Flo
First Jury Verdict Against Big Tech for Health Data
The Meta verdict represents a watershed moment. While companies have settled similar cases before (BetterHelp paid $7.8M in 2023; GoodRx paid $1.5M in 2023), this is one of the first times a jury has actually found a tech giant liable for health data theft.
No Federal Protection for Health Apps
HIPAA—the health privacy law most people know—doesn’t cover consumer health apps like Flo. Only medical providers and health insurers must comply with HIPAA.
That gap leaves millions of Americans using period trackers, mental health apps, and fitness trackers without federal protection. State laws like California’s Invasion of Privacy Act and Confidentiality of Medical Information Act provide stronger safeguards, which is why California residents get double payments in this settlement.
The Post-Roe Privacy Crisis
After the Supreme Court overturned Roe v. Wade in June 2022, period-tracking apps came under intense scrutiny. Privacy advocates warned that menstrual cycle data could be used to prosecute abortion seekers in states where abortion is illegal.
This lawsuit—filed in January 2021 before Roe was overturned—now takes on heightened significance given the potential for reproductive health data to be used against women.
Frequently Asked Questions
How do I file a claim?
You can’t yet. The official settlement website (www.PeriodTrackerDataPrivacyLitigation.com) will launch after preliminary court approval, expected Q1 2026. Claims can be filed online or by mail once the site is active.
Do I need receipts or proof?
No receipts required. The settlement administrator will verify class membership using Flo’s records.
What if I deleted the app?
Doesn’t matter. If you used Flo during the class period (Nov 2016-Feb 2019) and entered qualifying information, you’re eligible.
Can I opt out and sue separately?
Yes. You’ll receive notice with opt-out instructions once preliminary approval is granted. Opting out means you keep your right to sue independently but forfeit settlement payment.
Will this affect my current Flo account?
No. The settlement covers past conduct only and doesn’t impact current app functionality.
What happens to Meta?
Meta faces separate proceedings to determine damages after the jury verdict. They could appeal, settle, or face additional trial proceedings. Meta is not part of the $59.5M settlement.
Is my data still being shared?
Flo claims it stopped sharing data improperly after the 2021 FTC settlement. The company must now obtain affirmative consent before sharing and undergo independent privacy audits.
Key Takeaways
✓ $59.5M combined settlement: $48M Google, $8M Flo, $3.5M Flurry
✓ Preliminary approval filed September 23, 2025 (pending)
✓ Class period: November 1, 2016 – February 28, 2019
✓ ~38 million Flo users potentially eligible
✓ California residents receive double payment
✓ Meta jury verdict: August 1, 2025 (liable for privacy violations)
✓ Claim website not yet live—expected Q1 2026
✓ Estimated payments: $200-$500 (varies by total claims)
Official Resources
- Settlement Website: www.PeriodTrackerDataPrivacyLitigation.com (launching after preliminary approval)
- Settlement Administrator Phone: (866) 778-9626
- Settlement Administrator Email: [email protected]
- FTC Flo Health Settlement: https://www.ftc.gov/enforcement/cases-proceedings/192-3133/flo-health-inc
- Case Docket: Frasco v. Flo Health Inc., Case No. 3:21-cv-00757-JD, U.S. District Court for the Northern District of California
Disclaimer: This article provides general information about the Flo app class action settlement and is not legal advice. For specific guidance about your eligibility or claim, contact the settlement administrator once the claim period opens or consult a qualified attorney.
Last Updated: January 6, 2026
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.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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