Class Action
Frasco v. Flo Health
Frasco v. Flo Health, Inc., Meta Platforms, Inc., Google LLC and Flurry, Inc.
Where it stands
Judge James Donato presided over a jury trial beginning July 21, 2025. On August 4, 2025 the jury unanimously found Meta liable under CIPA for intercepting reproductive-health answers through its SDK embedded in the Flo app, rejecting Meta's consent and intent defenses. On September 17, 2025 the court denied Meta's post-trial motions to decertify the class, overturn the verdict or grant a new trial. At a September 30, 2025 hearing Judge Donato indicated Meta's exposure could approach $8 billion (1.6 million class members x $5,000 CIPA statutory damages). Flo Health settled mid-trial; Google, Flo and Flurry settlements totaling $59.5 million received preliminary approval in June 2026, with a final fairness hearing set for October 29, 2026 and a claims deadline of October 15, 2026.
Key ruling
The August 4, 2025 jury verdict — the first CIPA verdict against a major platform for SDK-based health-data interception — plus the September 17, 2025 amended post-trial order upholding it, which held that SDK recipients face liability alongside app developers and that generic terms-of-use consent does not 'explicitly notify' users under CIPA.
Note on this record
The ~$8 billion figure is a damages exposure discussed by the court, not an entered judgment. Do not report it as an award.The record
- Court
- U.S. District Court for the Northern District of California
- Case number
- 3:21-cv-00757-JD
- Filed
- Filing date not established
- Defendants
- Flo Health, Inc. · Meta Platforms, Inc. · Google LLC · Flurry, Inc.
- Plaintiffs
- Certified California subclass of approximately 1.6 million California residents who downloaded and used the Flo Period and Ovulation Tracker app between November 1, 2016 and February 28, 2019 and answered its onboarding health survey.
- Technology at issue
- Meta, Google Firebase/Analytics and Flurry SDKs embedded in the Flo period and ovulation tracking app
- Relief sought
- CIPA statutory damages of $5,000 per violation — the basis for the roughly $8 billion figure discussed post-verdict — plus injunctive relief and damages under the California Confidentiality of Medical Information Act and CDAFA.
- Settlement
- $59,500,000 combined for the settling defendants: Google $48,000,000, Flo Health $8,000,000, Flurry $3,500,000. Meta did not settle and was found liable at trial; no damages judgment amount has been confirmed as entered.
- Counsel of record
- Labaton Keller Sucharow LLP · Lowey Dannenberg, P.C.
Claims pleaded
Sources (4)
- Amended Order Re Post-Trial Motions, Frasco v. Flo Health, Inc. (Doc. 776)Justia Dockets · 2025-09-17
- Judge signals Meta may owe $8 billion in menstrual app privacy suitCourthouse News Service · 2025-09-30
- Flo Health; Google; Flurry to Pay $59.5M to Settle Privacy LawsuitThe HIPAA Journal · 2026-07
- Meta's Health Privacy Trial Loss Spotlights Power of WiretappingBloomberg Law · 2025-08
This page describes a publicly filed case. This site is not counsel on this matter, nothing here is legal advice, and the allegations described are allegations unless a court has said otherwise.