Flo Health, Inc. Class Action
Court:
Ontario Superior Court of Justice
Class Members:
If you used the Flo: Health & Period Tracker app (the “App”) between June 1, 2016 and February 23, 2019, you may be a member of the proposed class.
Co-counsel:
Foreman & Company is working in concert with Collette Parsons Corrin LLP, Charney Lawyers, and Belleau Lapointe s.e.n.c.r.l. (collectively “Class Counsel”) to prosecute this action on a national basis.
The content of this page has not been approved by the Court nor does it constitute legal advice. It is for the purpose of providing general information only.
Case Contacts
This is a privacy law class action alleging that Flo Health, Inc. (“Flo”) unlawfully collected, disseminated and monetized extremely sensitive health and personal information collected from Canadians who used the Flo: Health & Period Tracker app.
We are working in a national consortium with Class Counsel in British Columbia and Québec.
Case Overview
The claim alleges that, using the App, Flo collected, tracked, and ultimately sold sensitive and valuable personal information of its customers to third parties without their consent, contrary to the wording of its privacy policies and contractual terms.
The claim also alleges that Flo failed to comply with the proposed class members’ reasonable expectations of privacy at common law and by statute. Flo represented to its customers that their personal reproductive health information would not be used or disclosed, but subsequently sold it without their consent. In addition to the personal violations associated with the unauthorized disclosure of such significant health information, Flo’s acts have caused real and substantial harm to those who have been exposed to profiteering off of the most intimate, personal details of their bodies.
As a result, personal health information of millions of Canadian App users has been sold to corporate entities for profit, from which the proposed class members have suffered loss and damage.
Case Status
The statement of claim was issued on March 5, 2021. Parallel actions were commenced in British Columbia and in Québec. Class Counsel is working cooperatively to prosecute these actions on a coordinated basis across Canada.
On January 6, 2022, the Ontario action was stayed in favour of proceeding out of British Columbia on behalf of a national class, excluding Québec. The certification application proceeded on May 15-19 and July 10-11, 2023. The British Columbia certification decision was released on March 7, 2024, however, the defendants have moved to appeal the certification decision.
The Québec action was authorized to proceed as a class action on November 30, 2022.
Further information will be posted as the matters proceed.
Who Represents Me?
Inquiries should be directed to:
Email:
classactions@foremancompany.com
Phone:
Kassandra Gauld - 519.914.1175 x 106
Mail:
Foreman & Company
Attention: Jonathan J. Foreman
4 Covent Market Pl
Documents
Reasons for Judgment of Justice Blake -Certification -March 7, 2024