On August 1, 2025, following a seven-day trial, a federal jury found that Meta Platforms, Inc. violated the California Invasion of Privacy Act (CIPA) by collecting sensitive health data from users of the Flo Health app without consent.
SRK partner Diana J. Zinser served as co-lead counsel for the class and a member of the trial team, with Carol Villegas and Michael Canty of Labaton Keller Sucharow and Christian Levis of Lowey Dannenberg.
The class action lawsuit, Frasco et al. v. Flo Health Inc. et al., No. 21-cv-757 (N.D. Cal.), accused Flo Health of allowing third parties, including Meta, Google, and Flurry, to access users’ reproductive health information despite privacy promises. Meta was the sole remaining defendant after Flo, Google, and Flurry settled.
Attorneys for the class hailed the decision as historic. “This verdict is the first of its kind – It’s an important step toward holding tech companies accountable for mishandling and misusing consumer data,” said Diana Zinser.
Evidence showed that Meta used the data to enhance its advertising algorithms. The San Francisco jury found that Meta eavesdropped on private conversations and violated users’ reasonable expectation of privacy between November 2016 and February 2019. Damages and further relief will be determined in a subsequent phase.
For additional information please contact Diana J. Zinser at dzinser@scc.law
or 215-496-0300.
This article was originally published under the firm’s former name, Spector Roseman & Kodroff, P.C. (“SRK”). The firm is now known as Spector Caldes & Corrigan, PC (“SCC”).
