A California jury has found Meta in violation of state user privacy laws in a class-action lawsuit brought by users of the period tracking app Flo. The plaintiffs alleged that the tech giant collected private menstrual health data without users’ consent and used it for ad-tracking purposes.
The plaintiffs, representing millions of Flo users, accused Flo and Meta of gathering sensitive health information, such as period dates and fertility goals, without permission. They argued this violated the California Invasion of Privacy Act.
Filed in 2021 against Flo, the lawsuit also named Meta, Google, and ad analytics companies AppFlyers and Flurry as defendants. Google settled the case in July, and Flo reached a settlement earlier this month.
“This verdict sends a clear message about the protection of digital health data and the responsibilities of Big Tech,” said Michael P. Canty and Carol C. Villegas, lead trial attorneys in the case. “Companies like Meta that covertly profit from users’ most intimate information must be held accountable. Today’s outcome reinforces the fundamental right to privacy—especially when it comes to sensitive health data.”
Meta disagreed with the verdict, stating that the company never eavesdropped on Flo users. “We vigorously disagree with this outcome and are exploring all legal options. The plaintiffs’ claims against Meta are simply false. User privacy is important to Meta, which is why we do not want health or other sensitive information, and why our terms prohibit developers from sending any,” a company spokesperson said.
Last year, Flo raised $200 million in Series C funding from General Atlantic at a valuation of over $1 billion.