Meta Platforms broke California privacy law by recording women’s menstrual data without consent, a San Francisco federal jury ruled on Friday. The eight-member panel found the company intentionally “eavesdropped” on users of Flo Health’s fertility tracking app, violating the wiretapping provision of the California Invasion of Privacy Act.
Flo transferred intimate details — including cycle dates and pregnancy plans — to Meta through software development kits embedded in the app, plaintiffs argued.
The jury answered three questions, all against Meta: it recorded confidential communications, users reasonably expected privacy, and no valid consent existed. Each CIPA violation carries a US$5,000 statutory penalty, and with an estimated 38 million US Flo users, potential exposure approaches US$190 billion.
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Co-defendant Flo Health settled on July 31, hours before closing arguments. The London-based startup said the deal “includes no admission of wrongdoing” and will let it “focus on serving our customers.” Settlement terms remain under seal pending court approval.
Other targets folded earlier, with Google reaching an undisclosed deal two weeks before trial. Ad-analytics firm Flurry paid US$3.5 million in March, while claims against AppsFlyer were dismissed in 2022.
Meta’s spokesperson countered that the verdict is “simply false,” adding the company “does not want health or other sensitive information” and is “exploring all legal options.”
The verdict comes on the heels of the US$8 billion settlement the company reached with the plaintiffs related to the Cambridge Analytica privacy suit.
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