The plaintiffs and the tech company in a joint notice asked the court to pause the case and vacate the July 21 jury trial date in the US District Court for the Northern District of California. The notice didn’t provide any additional details about the terms of the agreement.
The parties didn’t immediately return requests for comment.
The settlement doesn’t include Flo Health Inc., which operates the app, and
The now-defunct data analytics firm Flurry Inc., which was also named as a defendant in the case, reached a $3.5 million settlement with the plaintiffs in March.
Google, Meta, and Flo were dealt a series of legal losses over the past year when Donato declined to grant their motions for summary judgment and certified a nationwide-class of potentially millions of Flo app users.
The users first sued in 2021, alleging Flo commercially exploited the health data of its users by sharing it with Google and Meta through their software development kits. That data included information about menstruation, ovulation, and pregnancy goals.
The London-based Flo is among the most popular period and fertility tracking apps, reaching a $1 billion valuation last year.
The lawsuit came shortly after Flo settled a similar case with the Federal Trade Commission involving its data sharing practices.
Donato in his ruling denying Google’s motion for summary judgment rejected the tech company’s argument that it did not use any personal health data to curate targeted ads for users.
“It is not at all clear that the collection of information about a woman’s menstruation cycles and fertility goals without consent is permissible just because Google says it didn’t connect the information to a particular person,” Donato wrote.
Cooley LLP represents Google. Lowey Dannenberg PC, Spector Roseman & Kodroff PC, and Labaton Keller Sucharow LLP are the plaintiffs’ co-lead counsel.
The case is Frasco v. Flo Health Inc., N.D. Cal., No. 3:21-cv-00757, 7/8/25.
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