Judge James Donato of the U.S. District Court for the Northern District of California held a 28-minute hearing on October 29, 2026 in Frasco v. Flo Health, Inc., No. 3:21-cv-00757-JD, the privacy case over health information the Flo period tracking app shared with outside companies. The court’s minutes, filed the next day, cover two separate parts of the case.
For the class’s claim against Meta, which a jury decided in August 2025, the minutes state that the parties agree class members should be compensated $5,000 each under California Penal Code § 637.2, the damages provision of the California Invasion of Privacy Act. What remains, the court wrote, is to set a notice plan and a claims procedure. For the proposed settlements with Google, Flo Health and Flurry, the court took the motions for final approval and attorneys’ fees under submission.
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Meta Verdict Payment
$5,000 per class member
California Flo users · claims process being set · final judgment expected by January 2027
Can I Claim the Meta Payment?
Not yet
no claim form exists · in-person conference on the process November 23, 2026
$59.5M Settlements
Approval under submission
Google $48M · Flo $8M · Flurry $3.5M · claims closed October 15, 2026
The claim against Meta covers California users of the Flo app during the class period. A jury found Meta liable for violating CIPA § 632 on behalf of the class in August 2025. In a September 2026 filing, plaintiffs said they had identified 1,210,085 unique California Flo users in Flo’s customer records, and full names and current addresses for 222,115 of them. They asked the court to enter judgment now for those 222,115 people, which at $5,000 each would total $1,110,575,000, and to run a claims process for the remaining 987,970.
The court denied that motion and the related motions on October 29, writing that they “indicate a breakdown in the parties’ ability to work together,” and instead ordered the parties to agree on one notice plan and claims procedure for the class. The details of who must attest to what are still contested. Plaintiffs’ proposed claim form asks claimants to attest that they were California residents in California when they began using the Flo app to track menstruation or pregnancy between November 1, 2016 and February 28, 2019. Meta has asked for an attestation tied to filling out the app’s onboarding survey in that period, and for more fraud checks, such as proof of California residency during the class period.
The court set a short schedule:
- November 13, 2026 — plaintiffs and Meta exchange the user data behind the 222,115 “known Flo users” and Meta’s search of device advertising IDs for the class period.
- November 16, 2026 — the parties exchange detailed written proposals for notice and claims.
- November 23, 2026 — an in-person conference at the courthouse, which may continue through November 24 and 25.
- By January 2027 — the court “expects that a final judgment on the class’s claim against Meta will be entered.”
The minutes also warn all parties and counsel that “gamesmanship of any sort” with the data productions will lead to sanctions. No payment schedule exists, and Meta has not been ordered to pay until a judgment is entered.
The settlements with Google ($48 million), Flo Health ($8 million) and Flurry ($3.5 million) resolve the class’s claims against those companies. Their claim deadline was October 15, 2026. The court took final approval and class counsel’s fee request under submission and directed class counsel to lodge an updated proposed final approval order with express dates by November 3, 2026. Courthouse News reported from the hearing that Donato was likely to approve the deal while criticizing the size of the fee request.
The claims count is unusual. According to plaintiffs’ October 2026 reply brief, the claims administrator received 22,238,137 claims before the deadline, and 21,697,461 of them are fraudulent and subject to a final audit. Another 78,654 showed signs of fraud that the claimant may be able to cure, and at least 461,766 claims are valid. Final payment amounts depend on the court’s ruling and on how many claims survive review.
Can Flo users file for the $5,000 Meta payment now?
No. There is no claim form for the Meta payment yet. The court has ordered the parties to work out a notice plan and claims procedure, with an in-person conference on November 23, 2026, and expects final judgment against Meta by January 2027 at the latest.
Who is in the class for the Meta verdict?
The claim against Meta covers California Flo app users from the class period. Both sides’ proposed claim forms describe people who were in California and began using the Flo app, or filled out its onboarding survey, between November 1, 2016 and February 28, 2019. The exact attestation has not been settled.
Is the $59.5 million Flo settlement approved?
Not yet. At the October 29, 2026 hearing, Judge James Donato took the motions for final approval and attorneys’ fees under submission and asked class counsel to lodge an updated proposed final approval order by November 3, 2026. The claim deadline for those settlements was October 15, 2026.
How many Flo settlement claims were fraudulent?
According to plaintiffs’ October 2026 filing, the claims administrator received 22,238,137 claims before the October 15 deadline, and 21,697,461 of them are fraudulent and subject to a final audit. Another 78,654 showed signs of fraud that may be cured, and at least 461,766 claims are valid.
• Civil Minutes, October 29, 2026 hearing, Frasco v. Flo Health, Inc., No. 3:21-cv-00757-JD (N.D. Cal.), Dkt. 870 (filed Oct. 30, 2026)
• Plaintiffs’ Motion for Entry of a Final Judgment, Dkt. 846 (filed Sept. 14, 2026)
• Meta Platforms’ Opposition to Plaintiffs’ Motion to Enter Claims Administration and Notice Programs, Dkt. 850 (filed Sept. 23, 2026)
• Plaintiffs’ Reply in Support of Final Approval, Dkt. 860 (October 2026)
• Verdict, Dkt. 756 (August 2025)
• Courthouse News Service — report from the October 29 hearing
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OpenClassActions.com is a consumer news and information site, not a law firm. This article reports on court filings and is not legal advice.
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Status
Meta: claims process being set · Settlements: final approval under submission
Case Title
Frasco v. Flo Health, Inc., et al.
Case Number
3:21-cv-00757-JD
Court
U.S. District Court, Northern District of California
Judge
Hon. James Donato