This is just a cash grab from lawyers trying to leverage a 1967 law meant to prevent eavesdropping on conversations. https://ancillary-proxy.atarimworker.io?url=https%3A%2F%2Fwww.americanbar.org%2Fgr...
The three-part test in the jury ruling specifically refers to "conversations" being overheard and/or recorded using an electronic device. How is Meta "eavesdropping" on conversations? Flo used Meta's tools to voluntarily send Meta data. They knew what these tools did and how the data was used. The FTC investigated Flo for their practices, not Meta. As per the FTC article:
"In its complaint, the FTC alleges that Flo promised to keep users’ health data private and only use it to provide the app’s services to users. In fact, according to the complaint, Flo disclosed health data from millions of users of its Flo Period & Ovulation Tracker app to third parties that provided marketing and analytics services to the app, including Facebook’s analytics division, Google’s analytics division, Google’s Fabric service, AppsFlyer, and Flurry.
According to the complaint, Flo disclosed sensitive health information, such as the fact of a user’s pregnancy, to third parties in the form of “app events,” which is app data transferred to third parties for various reasons. In addition, Flo did not limit how third parties could use this health data.
Flo did not stop disclosing this sensitive data until its practices were revealed in a news article in February 2019, which prompted hundreds of complaints from the app’s users.
The FTC also alleges that Flo violated the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield frameworks, which, among other things, require notice, choice, and protection of personal data transferred to third parties."