Meta Guilty of Illegally Collecting Flo App Menstrual Data for Ads

A San Francisco jury ruled Meta guilty of violating California's privacy laws by illegally collecting sensitive menstrual data from Flo app users for targeted ads, without consent. This precedent-setting verdict could lead to billions in damages. Meta plans to appeal, amid growing scrutiny on tech data practices.
Meta Guilty of Illegally Collecting Flo App Menstrual Data for Ads
Written by Jill Joy

In a landmark ruling that underscores the escalating tensions between Big Tech and user privacy, a San Francisco jury has found Meta Platforms Inc. guilty of violating California’s Invasion of Privacy Act by illicitly collecting sensitive health data from users of the popular period-tracking app Flo. The verdict, delivered this week, marks a significant setback for the social media giant, potentially exposing it to billions in damages and setting a precedent for how tech companies handle personal health information.

The case stems from allegations that Meta, through its Facebook and Instagram platforms, intercepted and used private menstrual cycle data shared by Flo users without their consent. Plaintiffs argued that this data, including details on periods, sexual activity, and pregnancy status, was harvested for targeted advertising, breaching state wiretap laws. Meta has vowed to appeal, with a spokesperson stating the company disagrees with the decision and believes it complied with all applicable laws.

The Jury’s Deliberation and Key Evidence

During the trial, which wrapped up after weeks of testimony, jurors examined evidence showing Meta’s tracking pixels embedded in the Flo app allowed the company to access confidential communications. According to a report from Ars Technica, lawyers for the plaintiffs hailed the outcome as a “clear message” to Big Tech, emphasizing that the jury rejected Meta’s defenses, including claims that users implicitly consented via app permissions.

Expert witnesses detailed how Flo, a top-rated women’s health app with millions of downloads, inadvertently shared user data with third parties like Meta between 2016 and 2019. This sharing came to light amid broader scrutiny following the 2022 overturn of Roe v. Wade, which heightened fears over reproductive data privacy. The jury’s finding specifically cited violations of California’s anti-eavesdropping statutes, awarding nominal damages but opening the door for massive class-action payouts.

Implications for Meta and the Tech Industry

The financial stakes are staggering. With a certified class of up to 1.5 million Flo users in California, damages could reach “mind-boggling” levels, as noted in a pre-trial analysis by Reuters. Meta faces not only monetary penalties but also reputational harm, as privacy advocates celebrate the verdict as a win against unchecked data collection.

Separately, Flo Health Inc. settled related claims last week, agreeing to pay an undisclosed sum to affected users while denying wrongdoing. This dual resolution highlights the app’s role in the scandal; Flo had previously faced FTC scrutiny in 2021 for similar data-sharing practices. Industry insiders suggest this could prompt apps to overhaul data policies, with some predicting stricter regulations on health tech integrations.

Broader Privacy Battles and Future Appeals

Posts on X (formerly Twitter) reflect public outrage, with users decrying Meta’s practices as invasive and calling for boycotts. One viral thread from privacy-focused accounts linked the case to ongoing debates over data monetization in apps targeting women’s health.

Meta’s appeal process is expected to drag on, potentially reaching higher courts. As reported by SFGate, the company’s legal team argues that the data was anonymized and not truly “intercepted” under the law’s definition. Yet, the ruling aligns with a wave of privacy lawsuits, including those against Google and Apple, signaling a shift toward greater accountability.

For tech executives, this verdict serves as a cautionary tale. It exposes vulnerabilities in ad-driven business models reliant on user data, urging a reevaluation of partnerships with health apps. As one plaintiffs’ attorney told Courthouse News Service during closings, the jury’s decision affirms that “Big Tech’s privacy promises are often illusory.” With similar cases pending nationwide, the industry may soon face a reckoning on how deeply it can delve into users’ most intimate lives without explicit permission.

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