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
If you used the FLO App Anytime From November 1, 2016 And February 28, 2019, You Could Get Money from $59.5 Million in Settlements
A CLASS ACTION LAWSUIT MAY AFFECT YOUR RIGHTS
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
What is this Lawsuit About?
Flo operates the Flo App in the United States that allows users to track their menstrual cycle, predict ovulation, and track pregnancy, among other things. The lawsuit alleged that between November 1, 2016 and February 28, 2019, Flo incorporated code from Flurry, Meta Platforms, Inc. (f/k/a Facebook, Inc.) (“Meta”) and Google’s software development kits (“SDKs”), among others, in the Flo App through which Flo allegedly shared information related to Flo App users’ menstruation and/or pregnancy. Plaintiffs say this was against the law. Flurry, Google, and Flo deny Plaintiffs’ allegations and deny they did anything wrong, but agreed to settle to resolve the claims solely to eliminate the uncertainties, burden, expense, and delay of further protracted litigation. A trial between Plaintiffs and Meta concluded on August 1, 2025, and the jury returned a verdict in favor of Plaintiffs. If you are eligible to receive money from that verdict, you will be contacted at a later time. Your election in response to this Notice will not impact your right to receive money from the Meta verdict.
Who is included in the Settlements?
Generally, you are included in the Settlements if you are a member of the nationwide Class and/or California Subclass and you did not exclude yourself by July 20, 2025, and you are not excluded by the Class or California Subclass definitions.
Unless you are excluded, you are a member of the nationwide Class if you used the Flo App in the United States between November 1, 2016 and February 28, 2019; and you entered menstruation and/or pregnancy information into the Flo App during that time.
Unless you are excluded, you are a member of the California Subclass if you used the Flo App in California between November 1, 2016 and February 28, 2019; you lived in California during that time; and you entered menstruation and/or pregnancy information into the Flo App during that time.
These people are excluded from the nationwide Class and California Subclass by definition:
(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 executed and filed 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.
What do the Settlements Provide?
Under the Settlements, Google has agreed to pay $48,000,000, Flo has agreed to pay $8,000,000, and Flurry has agreed to pay $3,500,000 to the Class in exchange for releases of all claims and related claims. These amounts will be combined into a total Settlement Fund of $59,500,000 that will be used to compensate eligible Class Members (including California Subclass Members) that file valid and timely Claim Forms. The Settlement Fund will also be used to pay for notice and settlement administration costs, taxes, service awards for representative Plaintiffs, attorneys’ fees, and Litigation Expenses.
| Description | Due Date | |
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DO NOTHING |
Get no payment from the Settlements. If you do nothing, you will receive no payment from the Settlements. |
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SUBMIT A CLAIM FORM |
The only way to receive your share of the Settlement Fund is to complete and submit a timely and valid Claim Form electronically by no later than 11:59 p.m. Pacific Time on October 15, 2026, or to mail your Claim Form so that it is postmarked no later than October 15, 2026. |
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OBJECT |
Write to the Court about why you do not like the Settlements or related relief by no later than October 8, 2026. If you wish to object to the Settlements, you must file a written objection with the Court by this date. You must be a Class Member to object |
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GO TO THE FINAL APPROVAL HEARING |
You may ask the Court for permission to speak about the Settlements at the Final Approval Hearing by including such a request in your written objection, which you must file with the Court no later than October 8, 2026. The Final Approval Hearing is scheduled for October 29, 2026 at 11:00 a.m. Pacific Time. |
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APPEAR THROUGH AN ATTORNEY |
You or your own attorney may appear at your own expense. |
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EXCLUDE OR OPT OUT |
You are no longer able to exclude yourself from the settlement. The deadline to exclude yourself from the settlements was July 20, 2025 and has passed. |
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