A California jury has found Meta in violation of state user privacy laws in a class-action lawsuit. The suit was brought by users of the period-tracking app Flo who alleged that the tech giant collected private menstrual health data without their consent and used it for ad-tracking purposes. The plaintiffs, representing millions of Flo users, accused Flo and Meta of violating the California Invasion of Privacy Act by collecting personal health data, including period dates and fertility goals, without permission. The lawsuit was originally filed in 2021 against Flo, Meta, Google, and ad analytics companies AppsFlyer and Flurry as defendants. Google settled its part of the case in July, and Flo did so earlier this month, leaving Meta to face the jury alone.
Attorneys Hail the Verdict
Lead trial attorneys Michael P. Canty and Carol C. Villegas commented on the verdict, stating that it “sends a clear message about the protection of digital health data and the responsibilities of Big Tech.” They added that the outcome “reinforces the fundamental right to privacy—especially when it comes to sensitive health data.”
Meta Disagrees with the Outcome
Meta has publicly disagreed with the verdict and stated that the company never intentionally collected the data. A company spokesperson said, “We vigorously disagree with this outcome and are exploring all legal options. The plaintiffs’ claims against Meta are simply false. User privacy is important to Meta, which is why we do not want health or other sensitive information, and why our terms prohibit developers from sending any.”
Last year, Flo raised $200 million in Series C funding from General Atlantic, bringing its valuation to over $1 billion.
Author’s Opinion
This verdict is a landmark moment for digital privacy and a clear signal to the tech industry that old laws can be applied to new technology. The jury’s finding that Meta “eavesdropped” on private health data, even if transmitted by a third-party app, demonstrates that companies can no longer hide behind vague terms of service or claim ignorance. As more people use apps to track their most sensitive health information, this decision establishes a crucial legal precedent. It reinforces the idea that users have a fundamental right to privacy in their digital lives, and that big tech companies will be held accountable for profiting from that data without explicit and informed consent. This should be a wake-up call for every app developer and platform that handles personal data.
Featured image credit: Farhat Altaf via Unsplash
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