SAN FRANCISCO, CALIFORNIA – A federal judge indicated Thursday that he is likely to grant preliminary approval of a $56 million settlement in a class-action lawsuit over the period tracking app Flo, which was accused of improperly sharing users’ sensitive health information with third parties.
The case, filed in 2021, claimed Flo Health disclosed personally identifiable data and private health details to companies including Google, Meta, ad analytics firm AppsFlyer, and defunct analytics company Flurry. Flo settled mid-trial without admitting wrongdoing, while Google will pay $48 million and Flo Health $8 million under the proposed settlement. Eligible class members include U.S. users who entered menstruation or pregnancy information into Flo between November 2016 and February 2019.
During Thursday’s hearing, U.S. District Judge James Donato questioned the settlement administrator’s estimated 6% claims rate, calling it a “failure” rather than a success, and encouraged efforts to boost participation. Attorneys for the plaintiffs said they are working with Flo and third-party partners to maximize outreach, using emails, IP addresses, and social media notices, though Flo objected to advertising on TikTok due to concerns about potential fraud. Donato allowed Flo to submit further information to justify the exclusion of TikTok.
The average payout is expected to range from $25 to $96 per claimant, with California users receiving roughly double that amount due to surviving state privacy claims. Attorneys for the plaintiffs requested up to 33.3% of the settlement for fees, plus litigation costs. Google and Flo representatives declined to comment.
The case follows a jury finding this summer that Meta violated the California Invasion of Privacy Act by collecting sensitive Flo user data, with potential damages reaching nearly $8 billion. Plaintiffs have proposed statutory damages of $5,000 per violation.