Google, Flo Health, Flurry to Pay $59.5M in Privacy Lawsuit

Three companies – Flo Health, Google and Flurry – have each agreed to shell out millions of dollars to fund a nearly $60 million settlement of a proposed class action lawsuit that accused Flo of using tracking codes in its fertility app that shared women’s sensitive information with Google and Flurry without their consent.

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A settlement for the litigation filed in 2022 against Flo, Google and Flurry was announced in July, but many of the agreement’s financial details were only laid out in documents filed on Tuesday in the Northern California federal court where the case is being heard.

Under the settlement agreement, Google will pay $48 million, Flo will dish out $8 million and Flurry LLC will kick in $3.5 million. “Among other things, the combined settlement fund will be used to pay money to eligible class members – including California subclass members,” the settlement document said.

Eligible class members include millions of people who used Flo’s fertility tracking app anytime from Nov. 1, 2016, to Feb. 28, 2019. Calculations on the claim amount each eligible class member might receive and service awards for plaintiffs were not detailed in the court documents. Attorneys representing the plaintiffs and class members are slated to receive nearly one-third of the $59.5 million settlement fund.

Under the proposed settlement, each of the defendants denies any wrongdoing.

Flo Health also agreed to display on the landing page of its website “a prominent notice about Flo’s commitment to privacy, along with a prominent link to its privacy policy, in large font, for the duration of one year from the dates the final approval order and final judgment become final,” court documents said.

A date for a preliminary court approval of the settlement had not yet been set as of Thursday.

A federal jury in that same court in August found that Meta…

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