Search Articles
SAN FRANCISCO (CN) — A federal judge Thursday indicated he would grant preliminary approval to a proposed $56 million class action settlement over a lawsuit that accused period tracking app Flo of sharing users’ highly sensitive information with third parties, including Google.
“I have to get rid of this thing. No one has gotten paid. This is done. I’m going to decide this right here, right now,” U.S. District Judge James Donato, a Barack Obama appointee, said.
A class of app users sued Flo Health in 2021, claiming the company was improperly sharing personal identifying information and private health data with third parties, including Facebook (now known as Meta), Google, ad analytics company AppsFlyer and defunct analytics company Flurry.
Google reached a settlement in principle with the class in July. Flurry settled with the users in March, and the class voluntarily dismissed its claims against AppsFlyer in 2022. Last May, Donato preliminarily approved the plaintiff’s $3.5 million settlement with Flurry.
In August, a jury found Meta violated the California Invasion of Privacy Act when it intentionally recorded the sensitive health information of millions of women through Flo following a two-week trial. Flo settled mid-trial and admitted no wrongdoing.
Donato denied preliminary approval of the proposed settlement for Google and Flo Health in December, asking the plaintiffs for further clarification on issues related to the class and notice plan.
Under the agreement, Google will pay $48 million, and Flo Health will pay $8 million. Compensation will be available for class members who entered menstruation and/or pregnancy information into the Flo app in the U.S. between Nov. 1, 2016, and Feb. 28, 2019.
The plaintiffs estimate there are nearly 10 million individuals in the class. The estimated average recovery ranges from $31.94 to $12.69, depending on the number of claims submitted.
Potential class members will receive an email with instructions on how to obtain the settlement funds. The settlement notice will also be advertised on the Flo Health app and social media, including Facebook, Instagram, Pinterest, YouTube and TikTok, which Flo initially objected to.
“TikTok is where everyone is,” Donato said in December. “It’s like giving print notice but skipping The New York Times.”
At Thursday’s hearing, the plaintiffs told Donato that they estimate around 40% of the class will receive a direct notice based on data Flo had provided to them, with a total estimated reach of 90% with the notice plan. However, they also wanted Meta to deliver a specialized notification, known as a jewel notice, to female users of Facebook and Instagram who are likely included in the class to reach the last 10%.
Meta strongly objected, arguing the plaintiffs were trying to compel Meta to speak about a settlement that does not involve the company.
Donato denied the plaintiff’s request, saying he was not sure a jewel notice about Google and Flo’s settlement would be a “relevant use of real estate” on users’ screens. However, the judge left the door open for a future request for a jewel notice, depending on how successful the notice plan is.
“Get going, get this done. There is $48 million sitting in an account, gathering interest, I presume. People need to get paid. You do whatever you need to do. Jewel is carved out; you can come back later,” he said.
The plaintiffs’ attorneys in the case requested an award of no more than 33.3% of each settlement amount, plus a maximum of $3.6 million for litigation costs. Plaintiffs may request up to $155,00 to cover their time and costs related to class representation.
The settlement administrator estimates notice and settlement administration costs will be between $741,000 and $1,490,000.
Donato said he would issue an order preliminarily approving the settlement by Wednesday.
Representatives for the plaintiffs declined to comment.
Representatives for Flo Health, Google and Meta did not respond to a request for comment.
Following this summer’s trial, Donato indicated Meta may have to pay nearly $8 billion in damages to Flo app users.
The plaintiffs have proposed damages of $5,000 per class member — the amount of statutory damages allowed per violation of the California Invasion of Privacy Act.
Follow @mhattridge_Subscribe to our free newsletters
Our weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.
