--- title: "Women’s Health App Data Privacy and CIPA Violation Verdict" meta: "og:description": "A jury found that Flo Health and Meta violated user privacy by sharing sensitive health data without consent, breaching the California Invasion of Privacy Act." "og:title": "Women’s Health App Data Privacy and CIPA Violation Verdict" description: "A jury found that Flo Health and Meta violated user privacy by sharing sensitive health data without consent, breaching the California Invasion of Privacy Act." --- April 6, 2026 # **Women’s Health App Data Privacy and CIPA Violation Verdict** A jury found that Flo Health and Meta violated user privacy by sharing sensitive health data without consent, breaching the California Invasion of Privacy Act. [**Consumer protection**](https://exlitem.com/jury-verdict/womens-health-app-data-privacy-and-cipa-violation-verdict/jury-verdict/category/consumer-protection) [**Privacy**](https://exlitem.com/jury-verdict/womens-health-app-data-privacy-and-cipa-violation-verdict/jury-verdict/category/privacy) ### **Outline** Author ![](https://media.jurimatic.com/cdn-cgi/image/q=70/profile_images/shared_image_1.webp) **Sohini Chakraborty****Sohini Chakraborty is a lawyer, with over two years of experience in legal research and analysis. She specializes in working closely with expert witnesses, offering critical support in preparing legal research and detailed case studies.** ![Article Image](https://media.jurimatic.com/cdn-cgi/image/q=70/images/Frasco.webp) In a landmark privacy dispute, users of the Flo Period & Ovulation Tracker sued Flo Health and several tech giants, including Meta and Google, after a 2019 investigation revealed the unauthorized sharing of intimate health data. The plaintiffs alleged that despite strict privacy promises, their reproductive details were funneled to third-party advertisers for profit. The litigation culminated in a jury verdict finding that Meta intentionally intercepted these private communications without user consent, violating the California Invasion of Privacy Act (CIPA). This case underscores the legal boundaries of data sharing in the digital health era and the high expectation of privacy regarding medical information. ## **Case Background** Erica Frasco filed a class action lawsuit against Flo Health, Inc. after a 2019 Wall Street Journal investigation revealed that the company had shared users' private health data with third parties like Facebook and Google. Flo Health had developed the Flo Period & Ovulation Tracker, a popular mobile app that millions of women used to track their reproductive health. To provide its services, the app collected extremely sensitive information, including details about menstruation cycles, sexual activity, and pregnancy status. Frasco and other users provided this data because Flo Health had repeatedly promised to keep it confidential and secure. However, the investigation discovered that Flo Health had used tracking tools to send this intimate information to major tech companies for years without getting user consent. This revelation also led to a Federal Trade Commission (FTC) investigation, which eventually ended in a settlement where Flo Health agreed to change its privacy practices. ### **Cause** The lawsuit claimed that Flo Health's data sharing practices amounted to a serious invasion of privacy and violated several federal and state laws. The Plaintiffs argued that Flo Health had broken its own privacy policies, which specifically stated that the company would not share health data with third parties unless it was absolutely necessary for the app to function. By sending this data to advertisers and analytics firms, Flo Health had allegedly deceived its users and exposed their most personal health information to companies that used it for their own profit. ### **Injury** The Plaintiffs alleged that they suffered a significant loss of privacy and emotional distress because their intimate health details were no longer confidential. They argued that the unauthorized disclosure of such sensitive information was highly offensive and caused them to lose control over their personal medical data. Furthermore, many users stated that they would have never used the Flo App if they had known that their private information would be shared with third parties. ### **Damages Sought** Frasco and the class members sought various forms of relief, including actual and statutory damages for the violation of their privacy rights. They also asked for punitive damages to punish Flo Health for its conduct and to discourage other companies from similar practices. Additionally, the Plaintiffs requested that the Court order Flo Health to return any profits it had made from sharing the data and to provide an injunction to prevent the company from mishandling user data in the future. ## **Key Arguments and Proceedings** During the proceedings, the Court consolidated several similar lawsuits into one class action, and several other Defendants, including Flurry, Inc. and Google, were added to the case. The legal battle involved extensive discovery as the Plaintiffs sought to prove exactly how and when their data was shared. ### **Legal Representation** **Plaintiff(s):** Erica Frasco and a class of millions of Flo App users. · **Counsel for Plaintiff(s):** Frank Busch | Jonathan Gardner | Carol C. Villegas | Christian Levis | Amanda Fiorilla | Christine M. Fox | Gloria Jane Medina | Jake Bissell-Linsk | James Matthew Wagstaffe | Thomas Gregory Hoffman, Jr. | Alexis Helene Castillo | Andrew Sacher | Cary Zhang | Danielle Izzo | David Saldamando | Diana Janik Zinser | Margaret C. MacLean | Melissa H. Nafash | Michael P. Canty | Michael Hotz | Nicole M. Zeiss | Rachel Isabel Kesten | William Darryl Harris, II · **Expert of Plaintiff:** [Jennifer Golbeck](https://expertwitnessprofiler.com/expert-witness/Jennifer-Golbeck/1565953) **Defendant(s):** Flo Health, Inc., Flurry LLC, Google LLC, Facebook, Inc., and AppsFlyer, Inc. · **Counsel for Defendant(s):** Ann Marie Mortimer | Jason J. Kim****| Ashley Marie Rogers | Brenda R. Sharton | Allison Ozurovich | Bailey Elizabeth Dervishi | Benjamin Sadun | Clare Putnam Pozos | Theodore E. Yale ## **Key Arguments or Remarks by Counsel** The Plaintiffs’ attorneys argued that Flo Health had built its entire business on a promise of trust that it ultimately betrayed by turning its users' private lives into a product for advertisers. They emphasized that the data shared—such as when a woman was trying to conceive or her sexual habits—was some of the most private information a person could share. ### **Claims** The lawsuit included several legal claims, such as breach of contract, breach of implied contract, and unjust enrichment. The Plaintiffs also alleged that the Defendants had violated the California Invasion of Privacy Act (CIPA) and the Stored Communications Act. They specifically focused on the fact that Flo Health had used electronic devices to intentionally eavesdrop on or record private conversations without the consent of all parties. ### **Defense** Flo Health and the other Defendants, such as Flurry, denied the allegations. Flurry, for instance, argued that it had only provided analytics services to Flo Health and had not intentionally received or used any "intimate health data" for its own purposes. The Defendants also raised several affirmative defenses, claiming that the Plaintiffs’ claims were barred by the statute of limitations and that the users had technically consented to the data sharing through the app’s terms of service. ## **Jury Verdict** After considering the evidence, the jury reached a unanimous verdict on 1st August 2025, the claims regarding the California Invasion of Privacy Act (CIPA). The jury first found that the Plaintiffs proved that Meta (formerly Facebook) had intentionally eavesdropped on or recorded their conversations using an electronic device. This was a critical win for the Plaintiffs, as it established that the data collection was intentional and unauthorized. The jury then addressed the second key question: whether the Plaintiffs had a reasonable expectation that their conversations were private and not being overheard or recorded. The jury answered "Yes," confirming that users of the health app had every reason to believe their intimate data would stay between them and the app. Finally, the jury considered whether Meta had the consent of all parties involved to record or eavesdrop on these conversations. The jury answered "No," concluding that the tech company had bypassed user consent when it collected the sensitive health data. By answering these questions in favor of the Plaintiffs, the jury found that the Defendants had indeed violated the privacy rights of the class members under California law. 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