Henry Noye Featured in Law.com on High-Stakes Privacy Trial Against Flo Health and Meta
Henry Noye, a partner in Obermayer’s Catastrophic Loss Group, was featured in Law.com on July 23, 2025, discussing the landmark class action trial against Meta Platforms Inc. and Flo Health, a reproductive health tracking app. The article, titled “A ‘Staggering’ Number: Privacy Trial Against Meta, Reproductive Health App Underway With Potentially Billions at Stake,” explores claims that Flo Health shared users’ confidential reproductive health data, including sexual histories and reproductive health details, with tech giants like Meta and Google, in violation of the California Invasion of Privacy Act (CIPA).
The case centers on whether each individual data entry, such as responding to multiple sensitive questions in the app, constitutes a separate violation under CIPA, which imposes a $5,000 penalty per offense. Noye, though not involved in the case, emphasized the potentially massive scope of damages:
“If … you answer multiple questions [on the app], is each question potentially a violation? So the number could be staggering,” said Noye, who is not involved in the case.
“It may also depend upon the number of violations by individual user. There’s a litany of very personal questions … how many times you have sex, things like that. … If you had to answer 7, 12, 16, whatever in the course of deriving the utility from this app, then there could be multiple breaches.”
While Google settled its claims shortly before trial, Flo Health chose to proceed. Noye offered insight into that strategy, noting that this kind of “bet-the-company” litigation might compel Flo to defend itself in court:
“Most class actions don’t go to trial,” said Noye. “And you have to look at Flo’s decision differently than Google[‘s]. First and foremost, we don’t know what has been uncovered and discovered. Maybe it was more detrimental to Google than to Flo … [Flo is a company] whose entire existence is hinged upon its ability to safeguard the most sensitive type of information. … If you settled this one for a large amount of money, who’s to say there’s not another coming? … So if that is … a probable outcome, then you stand up, you fight, you try to get good precedent that will thin the tide of other types of lawsuits in the future.”
Read the full article here.
