Flo Health, Google, and Flurry have finalized a settlement in a class-action lawsuit, agreeing to a combined payment of nearly $60 million. The lawsuit accused Flo of illegally using tracking codes in its fertility app to share private user data with Google and Flurry without proper consent. Although the settlement was announced in July, the financial details were only recently made public in court documents filed in Northern California federal court.
The breakdown of the settlement payments is as follows: Google will contribute $48 million, Flo Health will pay $8 million, and Flurry LLC will provide $3.5 million. This collective fund will be used to compensate eligible class members, including a specific subset of California residents. The documents did not specify the exact amount each individual might receive, nor did they detail service awards for the named plaintiffs. Additionally, the attorneys representing the plaintiffs and the class members are set to receive almost one-third of the total settlement amount.
The class members eligible for a portion of the settlement are the millions of people who used the Flo fertility app between November 1, 2016, and February 28, 2019. Despite the large financial payout, all three companies—Flo, Google, and Flurry—have denied any wrongdoing as part of the settlement agreement. This is a common practice in such cases, allowing companies to resolve legal disputes without admitting liability.
In addition to the monetary settlement, Flo Health has agreed to implement new privacy measures. For one year, the company must display a prominent notice on its website’s landing page emphasizing its commitment to privacy, along with a visible link to its privacy policy. This notice must be in a large, easy-to-read font. A court date for the preliminary approval of this settlement has not yet been scheduled.
This is not the first legal issue for the companies involved. In a separate but related lawsuit, a federal jury in the same court found that Meta (formerly Facebook), which was also a defendant in the initial litigation, had violated California privacy laws. The jury determined that Meta eavesdropped on and recorded private communications from millions of Flo app users through its software development tools and tracking pixels. Furthermore, Flo Health itself was the subject of an enforcement action by the Federal Trade Commission in 2021 for similar allegations related to its use of tracking tools.
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