CIPA Jury Verdict Against Meta: Privacy Litigation Strategies and Lessons

Privacy attorney Ashley Shively was quoted in a Cybersecurity Law Report article about the first jury verdict to impose California Invasion of Privacy Act (CIPA) liability in connection with a mobile app software development kit (SDK). In finding as such, a San Francisco jury concluded that Meta illegally "eavesdropped" on sensitive menstrual and pregnancy data entered into the Flo Period and Ovulation Tracker app. The article discussed how plaintiffs prevailed on issues of intent, confidentiality and consent, why SDK architecture and broken privacy promises swayed the jury, and what the decision could mean for hundreds of pending CIPA cases involving health data. Ms. Shively noted why Meta is likely to contest the verdict vigorously.

"Meta has much more at stake than any individual app owner or web developer. This SDK is fundamental to Meta's business and how it makes money," she said.

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