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Jury Finds Meta Violated California Wiretap Law by Harvesting Flo App Data

Meta plans to appeal after a federal jury held it liable for intercepting menstrual health data via Flo’s Facebook SDK integration.

FILE: People gather in front of a sign posted at Meta’s headquarters in Menlo Park, Calif., on July 7, 2023. 
A phone screen displays app icons for Meta apps Facebook, Instagram, Messenger, WhatsApp, Meta View, Meta Horizon, Threads, Workplace, and Business Suite.
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Overview

  • The verdict focuses on Custom App Events sent through Meta’s Facebook SDK between November 2016 and February 2019, which transmitted users’ reproductive goals and cycle details without consent.
  • Flo Health, Google and analytics firm Flurry reached pretrial settlements with plaintiffs, leaving Meta as the sole defendant at trial.
  • The class-action lawsuit was filed in 2021 under the California Invasion of Privacy Act, centering on allegations that Flo promised not to share sensitive health information yet enabled covert third-party tracking.
  • Plaintiffs’ attorneys hailed the decision as a pivotal enforcement of digital privacy rights and a warning to tech companies over the covert monetization of intimate data.
  • Meta disputes the jury’s findings, maintains it never sought sensitive health details and says it will explore all legal remedies in its forthcoming appeal.