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.
A lawsuit is pending in the United States District Court for the Northern District of California (the “Court”) against Flo Health, Inc. (“Flo”), Meta Platforms, Inc. (“Meta”), and Google LLC (“Google”). Your legal rights may be affected, and your options are explained below.
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.
On May 19, 2025, the Court determined that the claims should proceed to trial as a class action. This is not a determination about the merits of the claims. The lawyers for the Class and California Subclass will have to prove the Class’s claims at a trial, which is set to begin on July 21, 2025.
Description | Due Date | |
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YOUR OPTION |
DEADLINE DESCRIPTION OF YOUR OPTION |
DEADLINE |
DO NOTHING |
This option means that, if you are a Class Member, you remain part of the Class (and, if applicable, the California Subclass) and you keep the possibility of getting money or benefits that may come from a trial or a settlement. You will be bound by all orders of the Court and any judgment entered or settlement reached in the lawsuit regarding the Class and California Subclass claims, whether favorable or unfavorable. But you give up all rights to separately sue Flo, Meta, and Google about these claims. |
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EXCLUDE YOURSELF |
Sunday, July 20, 2025 11:59 PM PT This option allows you to exclude yourself, i.e., “opt-out,” from the Class (and, if applicable, the California Subclass) and keep your right to separately sue Flo, Meta, and/or Google about these claims. If you exclude yourself, you will not be bound by any judgment for or against Flo, Meta, or Google and will not share in any money or benefits obtained for the Class. |
Sunday, July 20, 2025
11:59 PM PT |