Frasco v. Flo Health, Inc., No. 21-cv-00757 (N.D. Cal.).

On Friday, August 1st , 2025, 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 that Meta has been held responsible for the unauthorized recording of communications through its SDK.

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