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Google to pay $48 million, Flo to pay $8 million
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Meta Platforms ( META ) found liable by jury, damages not set
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Flo app users say their data wrongly used for advertising
By Jonathan Stempel
Sept 25 (Reuters) - Google and app developer Flo Health
will pay $56 million to settle a class action claiming they
violated the privacy of millions of Flo app users by collecting
information about their menstrual health cycles, and using it
for targeted advertising.
Settlement terms were disclosed late Tuesday night in San
Francisco federal court, and require approval by U.S. District
Judge James Donato.
Google, a unit of Alphabet, would pay $48 million,
while Flo would pay $8 million. Flurry, a now-defunct mobile
analytics company, settled for $3.5 million in March.
A fourth defendant, Facebook and Instagram parent Meta
Platforms ( META ), did not settle, and was found liable by a
jury on August 4 after a two-week trial.
Meta is expected to appeal the verdict. A hearing to
consider damages is scheduled for September 30. Google settled
two weeks before the trial began, and Flo settled shortly before
the trial ended. Both denied wrongdoing.
Flo app users alleged that between November 2016 and
February 2019, Flo shared personal information related to their
menstrual periods and pregnancies with the other defendants,
despite promising to keep it confidential.
They said this violated the California Invasion of Privacy
Act, which carries statutory penalties of $5,000 per violation,
theoretically justifying billions of dollars in damages.
Meta declined to comment on Thursday. Lawyers for the
plaintiffs did not immediately respond to requests for comment.
The case is Frasco et al v Flo Health Inc et al, U.S.
District Court, Northern District of California, No. 21-00757.