A $59.5 million settlement has been finalized to resolve litigation involving Flo Health, Inc., Google LLC, and Flurry, Inc. concerning allegations related to tracking code embedded in the Flo Health fertility tracking app. The agreement resolves claims tied to the sharing of user data through software development kits integrated into the app.
Allegations Involving App Data Practices
The Flo Health app is a widely used health and wellness application with more than 38 million monthly users. Users provide personal information including general health, sexual health, gynecological health, and menstrual cycle details. Continued use of the app involves additional input of personal health data, which is used to generate tailored health and wellness guidance.
Users were informed that their information would remain private and would not be shared with third parties without consent. Litigation alleged that embedded tracking code within the application transmitted user data to external parties without user knowledge or consent. The claims included unjust enrichment, intrusion upon seclusion, invasion of privacy, breach of contract, breach of implied contract, violations of the Stored Communications Act, California Invasion of Privacy Act, California Confidentiality of Medical Information Act, and other state and federal statutes like the HIPAA Law.
Legal Proceedings and Consolidated Action
Multiple lawsuits were filed against Flo Health, Google, Flurry, and Meta Platforms Inc. The actions were consolidated into a single proceeding due to overlapping claims. One named action was Erica Frasco, et al v. Flo Health, Inc., Meta Platforms, Inc., Google LLC, and Flurry, Inc.
Meta Platforms Inc. did not participate in the settlement process and proceeded to jury trial. The jury found Meta in violation of the California Invasion of Privacy Act. Meta Platforms indicated plans to appeal the verdict.
Settlement Structure and Financial Terms
Under the settlement terms, Google agreed to pay $48 million, Flo Health agreed to pay $8 million, and Flurry agreed to pay $3.5 million. The combined settlement fund totals $59.5 million.
Funds from the settlement will be allocated after deductions for attorneys’ fees, attorneys’ expenses, service awards for class representatives, and settlement administration and notification costs. Attorneys’ fees may reach up to $19,337,500, attorneys’ expenses up to $3,600,000, and service awards up to $155,000 for named plaintiffs. Remaining funds will be distributed among eligible class members who submit valid claims. Payment amounts depend on the total number of approved claims. California subclass members will receive a higher allocation than non-California residents.
Class Definition and Claims Process
The class includes individuals who used the Flo Health app from November 1, 2016, to February 28, 2019. The settlement applies to all qualifying users within this period who submit a valid claim. Individuals who do not submit claims will not receive payments.
Court Status and Scheduled Milestones
The settlement has received preliminary approval from the court. The deadline to exclude oneself from the settlement has passed. Objections must be submitted by October 8, 2026. Claims must be filed by October 15, 2026. The final fairness hearing is scheduled for October 29, 2026.
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