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Meta Found Liable for Collecting Flo Users’ Reproductive Health Data Without Consent

The decision leaves Meta facing potential $5,000 penalties per violation for over 3.7 million users under California’s wiretap and privacy laws.

FILE: People gather in front of a sign posted at Meta’s headquarters in Menlo Park, Calif., on July 7, 2023. 
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Overview

  • A San Francisco jury unanimously found that Meta intercepted and recorded intimate menstrual and fertility data from Flo between June 2016 and February 2019 without user consent.
  • The court concluded Meta violated California’s Invasion of Privacy Act and wiretap statute by capturing Custom App Events sent through Flo’s Facebook SDK.
  • Plaintiffs contend Meta used the intercepted data to fuel its ad-targeting networks and machine-learning algorithms for commercial gain.
  • Flo Health, Google, and Flurry settled with the plaintiffs before the trial, leaving Meta as the sole defendant at verdict.
  • Meta rejects the verdict, labels the claims false and vows to appeal as it explores all legal options.