Google LLC and users of the popular menstrual cycle tracking app Flo have reached a settlement agreement resolving claims that Google unlawfully accessed sensitive health data through a data analytics tool. This agreement releases Google from the upcoming July 21 trial, which will still proceed against Flo Health Inc. and Meta Platforms Inc. on similar privacy allegations.
In a joint notice filed with the U.S. District Court for the Northern District of California, both parties confirmed they have “reached an agreement in principle on the terms of a settlement that will resolve all claims against Google” in the ongoing class action lawsuit. The case alleges Google violated the California Invasion of Privacy Act by receiving highly sensitive personal health information from Flo.
Originally, Google, Flo, and Meta were set to face trial beginning July 21. Following the settlement announcement, Google and plaintiffs jointly requested the court to stay the action against Google and vacate all related deadlines, a request granted by U.S. District Judge James Donato.
This class action lawsuit, filed in 2021 and consolidated against Flo, Google, Meta, and mobile app analytics providers, follows concerns about the unauthorized sharing of intimate health data. The legal dispute emerged after a Federal Trade Commission investigation required Flo to obtain affirmative consent before sharing personal health information with third parties.
The complaint asserts that between 2017 and 2019, Flo misled users by assuring data confidentiality while disclosing private health information to multiple third parties, including Google and Meta, for advertising and commercial purposes.
While some claims against Flo and other defendants were dismissed or settled in recent years, the case continues against Flo and Meta, with pre-trial preparations underway.
Representing the plaintiffs are attorneys from Labaton Sucharow LLP, Lowey Dannenberg PC, Spector Roseman & Kodroff PC, Adamski Moroski Madden Cumberland & Green LLP, The Law Offices of Ronald A. Marron, Siri Glimstad LLP, and Harris Legal Advisors LLC. Google is represented by Cooley LLP.
The matter remains pending under case number 3:21-cv-00757, Frasco v. Flo Health Inc., in the U.S. District Court for the Northern District of California.
