Lowey Achieves Landmark Victory as California Jury Finds Meta Liable for Recording Flo Health users’ data

On Friday, August 1st, Lowey Dannenberg achieved a historic victory over Meta Platforms, Inc.  (“Meta”) when a California jury found that Meta had violated the California Invasion of Privacy Act (“CIPA”) by recording individuals’ communications with Flo Health, a pregnancy and menstrual cycle tracking app. Lowey filed the first case, Frasco v. Flo Health, Inc., in 2021 and has been leading the prosecution of this action as co-lead counsel for the past four years.

Lowey partner Christian Levis, who leads the firm’s data privacy practice, served as trial counsel along with Carol Villegas and Mike Canty from Labaton Keller Sucharow. In addition to Mr. Levis, Lowey attorneys Amanda Fiorilla, Alexis Castillo, and Rachel Kesten were each part of the trial team and led the firm’s efforts to hold Meta accountable.

The verdict is the first of its kind and reflects the only time in history Meta has been held responsible for the unauthorized recording of communications through its SDK.

“This victory is not just a win for Flo app users, but for privacy rights everywhere.” Mr. Levis said. “We are honored to represent the women in this class, and to be able to hold Meta accountable for violating their rights.”

Lowey congratulates the privacy team and all the attorneys who contributed to this outstanding result for their exceptional work and commitment to protecting consumers’ privacy and personal information from Big Tech.

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