Frasco et al. v. Flo Health Inc., et al., No. 3:21-cv-00757 (N.D. Cal.)
United States District Court Northern District of California
The Court certified the following Class for Plaintiffs’ CMIA, breach of contract, and intrusion upon seclusion claims against Flo:
All Flo App users in the United States who entered menstruation and/or pregnancy information into the Flo Health App between November 1, 2016 and February 28, 2019, inclusive.
The Court certified the following California Subclass for Plaintiffs’ California Constitutional invasion of privacy claim against Flo, and, separately, Plaintiffs’ CIPA Section 632 claim against Meta and Google:
All Flo App users in California who entered menstruation and/or pregnancy information into the Flo Health App while residing in California between November 1, 2016, and February 28, 2019, inclusive.
Excluded from the Class are: (1) any Judge or Magistrate presiding over this action and any members of their families; (2) Defendants, Defendants’ subsidiaries, parents, successors, predecessors, and any entity in which Defendants or their parents have a controlling interest and their current or former employees, officers, and directors; (3) persons who properly execute and file a timely request for exclusion from the Class; (4) persons whose claims in this matter have been finally adjudicated on the merits or otherwise released; (5) Plaintiffs’ counsel and Defendants’ counsel; (6) the legal representatives, successors, and assigns of any excluded persons and (7) anyone who requests exclusion from the Class.
Plaintiffs in the lawsuit claim that between November 1, 2016 and February 28, 2019 (the “Class Period”), Flo incorporated code from Meta’s and Google’s software development kits (“SDKs”) in the Flo Period and Ovulation Tracker app (the “Flo Health App” or “Flo App”) through which Flo allegedly shared information related to Flo App users’ menstruation and/or pregnancy with Meta and Google. Plaintiffs say that Flo’s disclosure of this alleged personal health information violated the California’s Confidentiality of Medical Information Act (“CMIA”), an intrusion upon their seclusion, an invasion of privacy under Art. 1 Sec. 1 of the California Constitution, and a breach of contract. Plaintiffs also say that Meta and Google’s receipt of this alleged personal health information violated Section 632 of the California Invasion of Privacy Act (“CIPA”). Flo, Meta, and Google deny all of Plaintiffs’ allegations, dispute that personal or health information was shared and dispute that they did anything wrong. The Court has not made any determination as to who is right or whether Flo, Meta, or Google did anything wrong or caused damages.
Plaintiffs and Google reached a proposed settlement on July 3, 2025, and a Notice of Settlement and Request to Vacate Trial Date as to Google was filed on July 7, 2025. Following the selection of eight jurors, trial began on July 21, 2025 on Plaintiffs’ claims against Flo and Meta and continued for two weeks. Shortly before closing arguments were to be presented, Plaintiffs and Flo reached a proposed settlement, and Flo was dismissed from trial on that basis.
Class Counsel and counsel for the remaining Defendant, Meta, presented their closing arguments to the jury on August 1, 2025. On the same day, the jury returned a verdict in favor of Plaintiffs, finding that Meta violated CIPA.
This website will be updated with additional information as the litigation continues.