Federal Judge Backs $56M Flo Health Privacy Settlement

2 min readSources: Courthouse News

A federal judge gave initial approval to a $56 million privacy settlement involving Flo Health and Google.

Why it matters: Sensitive health data from popular tech apps remains a litigation target. Legal, compliance, and privacy teams face growing pressure to monitor data practices and consent for sensitive health information.

  • Flo Health and Google will pay $56 million to settle claims of improper user data sharing.
  • Google has agreed to contribute $48 million; Flo Health will pay $8 million.
  • The class action covers U.S. users who entered fertility, menstruation, or pregnancy data between Nov. 2016 and Feb. 2019.
  • A 2021 FTC order already required Flo Health to secure consent and add privacy compliance measures.

A federal judge has tentatively approved a $56 million settlement in the class action alleging Flo Health and Google improperly shared users’ health and fertility data with third parties like Facebook and Google Analytics without user consent.

  • The class includes anyone in the U.S. who used Flo to track menstruation, fertility, or pregnancy data between November 1, 2016, and February 28, 2019.
  • Google and Flo Health deny wrongdoing but agreed to settle the claims for $48 million and $8 million, respectively.

This settlement builds on a 2021 FTC settlement under which Flo Health agreed to obtain user consent before sharing health data and to undergo regular privacy assessments.

Reports have highlighted escalating legal risks around digital health data. As noted by The Washington Post, sharing users' reproductive health data can trigger major privacy liabilities, especially after changes in U.S. abortion laws. Increasing attention from regulators and plaintiffs has placed the entire digital health sector under scrutiny.

Flo Health maintains the claims lacked merit. The court will hold a hearing for final approval of the settlement in the coming months.

By the numbers:

  • $56M — combined settlement value from Flo Health and Google
  • $48M — amount Google will contribute
  • 3 years — covered period for affected users (Nov. 2016–Feb. 2019)

Yes, but: Final approval of the class settlement is still pending and could be challenged by class members or other parties.

What's next: The court is scheduled to hold a final approval hearing for the settlement later this year.