$3.5 Million Flo App Settlement Aims to Resolve Data Harvesting Class Action Claims Against Flurry

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Mobile analytics firm Flurry, Inc. has agreed to pay a $3.5 million settlement that, if approved by the court, will resolve proposed class action claims that alleged the shuttered company illegally harvested user data from Flo, a popular period and ovulation tracking tool.

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The proposed class action settlement looks to cover all Flo app users who entered menstruation and/or pregnancy information into the women’s health app between November 1, 2016 and February 28, 2019, both dates inclusive.

If the deal with the defunct Flurry is preliminarily approved by the court, class members who submit a timely, valid claim form will be eligible to receive a proportional share of the $3.5 million settlement fund.

Covered individuals who verify that they lived in California during the applicable time period can receive a settlement payout that’s double the amount to be paid to non-California class members. These larger payments will account for the “increased legal value of claims under California’s data protection laws, which provide statutory damages,” the plaintiffs’ motion for preliminary approval says.

Eligible individuals can file a claim form by mail or online through the court-approved settlement website once it is established.

ClassAction.org will update this page if and when the official Flurry settlement website is launched.

The initial lawsuit against Flo Health claimed the company secretly embedded software within its period-tracking app to share consumers’ highly sensitive health information with third parties. Co-defendants Flurry, Google and Facebook were later added to an amended complaint as alleged recipients of Flo user data.

According to the case, Flo’s illegal data-sharing practices exposed intimate details about the sexual health, menstruation cycles, gynecological health and physical well-being of millions of users, which third parties then leveraged for targeted advertising and other monetization opportunities.

Related Reading: Class Action Alleges Fertility App Flo Secretly Shared Users’ Personal Info with Advertisers

“As one of the most prominent mobile app data analytics firms, Flurry knew that the data it received from Flo Health through Flurry contained intimate health data,” the suit says. “Despite knowing this, Flurry continued to receive, analyze, and use this information for its own purposes, including marketing and analytics.”

The $3.5 million settlement with Flurry does not resolve the remaining claims against Flo Health, Google and Facebook.

Court documents state that if the claims against Flurry proceeded to trial and were successful, any potential recovery “would be limited by Flurry’s financial condition,” as the company is “a dissolved entity with a limited pool of funds.”

According to court documents, class members can expect to receive notice of the settlement via email or mail if the deal is approved.

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.