Flo Heath Files Response to Amended Class Action Complaint

Flo Health, Inc. filed an answer on Monday in the Northern District of California to a complaint over user information on Flo Health’s app. The class action was filed against Flo as well as Google, LLC, Facebook, Inc., AppsFlyer, Inc., and Flurry, Inc. alleging that Flo shared the health information of its app users with third parties for advertising purposes.

In June, the case was narrowed when some of the charges were dismissed while the plaintiffs were granted leave to amend. Concerning defendant Flo Health, the Court concluded that the class failed to plausibly allege that Flo Health was an electronic communication service provider under the Stored Communications Act.

The plaintiff’s unjust enrichment claim had also been dismissed since the complaint did not properly contend that the non-Flo defendants received a direct benefit from their misconduct. The plaintiffs were granted leave to amend their complaint.

Flo Health’s response to the plaintiff’s consolidated class action complaint, filed Monday, maintained that Flo Health has never shared user data with any other party for advertising purposes. They explain that as noted in the Privacy Policy, which the plaintiffs consented to, they collect user data to analyze user trends and improve usability and efficiency.

The plaintiff’s consolidated class action complaint cited a common law invasion of privacy (intrusion upon seclusion), invasion of privacy and violation of the California Constitution, breach of contract, breach of implied contract, unjust enrichment, violations of the Stored Communications Act, the California Confidentiality of Medical Information Act, the California Business and Professional Code, the Federal Wiretap Act, and the Comprehensive Computer Data Access and Fraud Act. Defendant Flo denied all of the allegations filed against them, asserting that the plaintiffs have not suffered injury and that “Flo’s privacy policy speaks for itself.”

Defendant Flo Health cited 30 affirmative defenses in their response. They conclude their response by seeking that all of the relief requested in the plaintiff’s consolidated class action complaint be denied, that the class members take nothing from the action, litigation fees, a trial by jury, and any other relief deemed proper by the Court.

Flo Health is represented by Dechert LLP, while the class is represented by Wagstaffe, Von Loewenfeldt, Busch & Radwick, Lowey Dannenberg, Labaton Sucharow, the Law Offices of Ronald A. Marron, and Spector Roseman and Kodroff.