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What the jury decided
The verdict came in Frasco v. Flo Health, Inc. in the U.S. District Court for the Northern District of California. The jury found Meta liable under CIPA section 632 for obtaining personal information communicated by Flo users, including data about ovulation and menstrual periods.
The claim at issue was the California subclass claim against Meta. Google and Flurry had settled before trial, and Flo settled during trial, leaving Meta as the defendant whose liability went to the jury.
Judge James Donato rejected Meta’s requests to undo class certification, obtain judgment as a matter of law, or receive a new trial. His amended September 17, 2025 order states: “Nothing in the evidence adduced at trial or the record as a whole justifies disturbing the California class or the jury’s unanimous verdict.”
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What Flo users entered and how the data was transmitted
Flo asked users for sensitive sexual and reproductive-health information, such as menstrual-cycle timing, birth-control preferences and details about sexual activity. The trial record described Flo representations that sensitive health information would remain confidential.
Custom event fields in the app captured menstruation and pregnancy information. Software-development kits (SDKs) supplied by Meta and Google transmitted those events. The jury’s finding concerned Meta’s obtaining of highly personal ovulation and period information sent through that system; it was not a finding that every piece of Flo data was disclosed in the same way.
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Who was covered by the Meta verdict
The relevant California subclass consists of Flo app users who:
- resided in California;
- entered menstruation and/or pregnancy information in the Flo app; and
- did so from November 1, 2016, through February 28, 2019, inclusive.
The court also certified a nationwide class for claims involving Flo, Google and Meta. That nationwide class is not the group addressed by the post-trial order on Meta’s liability; Flo had settled by then. Class membership and any eventual payment depend on later court-approved proceedings, not merely on having used Flo at some point.
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What happens to damages
There was no final damages figure established by the cited court order. In a Form 10-Q for the quarter ended June 30, 2026, Meta reported that plaintiffs seek $5,000 in statutory damages per class member and assert that the California subclass could contain approximately 1.25 million members.
Those numbers are plaintiffs’ claimed statutory amount and asserted potential class size as reported by Meta—not an award, a guaranteed payment, or a confirmed count. Meta said potential damages remained uncertain. The available sources do not establish whether a later damages judgment, settlement, claims deadline or appellate ruling occurred by September 28, 2026.
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How the Meta case differs from the FTC Flo matter
| Issue | Meta verdict in Frasco | FTC Flo proceeding |
|---|---|---|
| Defendant and forum | Meta Platforms, Inc.; private federal class action in the Northern District of California | Flo Health; Federal Trade Commission regulatory proceeding |
| Legal mechanism | Jury liability finding under California CIPA section 632 | Settlement and FTC order resolving the agency’s allegations |
| Conduct described | Meta’s obtaining of menstrual and ovulation information transmitted from Flo | Flo’s alleged sharing of users’ health information with outside analytics and marketing providers |
| Outcome stage | Jury verdict; post-trial motions denied in September 2025; damages status not established in the cited sources | FTC order finalized in June 2021 |
The FTC said its allegations involved data from millions of users and providers including Facebook and Google. That regulatory settlement supplies background about Flo’s privacy practices, but it is not the jury verdict against Meta and does not determine what any individual receives in the civil case.
What “found guilty” gets wrong
“Guilty” is a criminal-law finding. Meta was not criminally convicted here. The accurate descriptions are that the jury found Meta civilly liable or found that Meta violated CIPA section 632. Civil liability can lead to statutory damages and other court orders, but it does not create a criminal record or imprisonment.
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- Do not treat the $5,000 figure as a promised payment. It is the statutory amount plaintiffs requested per member, not a final award.
- Check official case notices before submitting information. The cited sources do not provide a verified claim form, deadline or administrator.
- Match your facts to the certified subclass. California residence, the specified November 2016–February 2019 period and entry of menstruation or pregnancy information are central to the Meta subclass definition.
- Distinguish notices about Flo’s FTC order from notices about the Meta class action. They arise from different proceedings and have different legal outcomes.
Current status established by the available record
The established procedural milestones are the unanimous California-subclass verdict and Judge Donato’s September 17, 2025 denial of Meta’s post-trial motions, followed by Meta’s June 2026 filing describing unresolved and uncertain damages. No later damages judgment, settlement, claims deadline or appellate result is established by those sources. Any such development should be verified in the official federal docket or a later filing before relying on it.
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