Henry Noye Discusses Jury Decision in High-Profile Meta Privacy Case

Henry Noye, a partner in Obermayer’s Catastrophic Loss Group, was featured on Law360 on August 12, 2025, offering insights on the high-profile class action verdict against Meta Platforms Inc. and Flo Health, a popular reproductive health tracking app.

In the article, titled “Meta Privacy Verdict Raises Stakes For Website Data Tracking,” Noye continued the discussion on a California federal jury’s decision holding Meta liable under the California Invasion of Privacy Act (CIPA) for intentionally recording sensitive health data without user consent. The jury found that Meta had captured menstrual and sexual health information entered into the Flo app between November 2016 and February 2019.

Meta has since filed motions seeking to decertify the class and overturn the verdict, arguing the evidence didn’t support the jury’s conclusion. Despite this, attorneys suggest the outcome signals a warning for companies that use tracking tools on their websites, especially those that collect sensitive personal data.

“This case was perfectly positioned in terms of the information that was involved, which most reasonable people would assume to be extremely private and would want entities entrusted with that data to protect,” Noye said. “Not every case is going to be so salacious.”

While damages are still being determined, CIPA allows for statutory penalties of at least $5,000 per violation, raising the potential for billions in liability. Noye noted that companies must reevaluate their data practices in light of the verdict.

“Obviously, these tech companies want to trade in data because that’s the era we’re in now, and it’s a way for them to be profitable in the marketplace,” he said. “But companies don’t want to be following a flawed playbook because the plaintiffs bar is going to be constantly scrutinizing these practices and is not going to rest.”

Read the full article here.