Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 1 of 46
`
`Brenda R. Sharton (Admitted Pro Hac Vice)
`DECHERT LLP
`One International Place, 40th Floor
`100 Oliver Street
`Boston, MA 02110-2605
`Telephone: (617) 728-7100
`Facsimile: (617) 275-8374
`brenda.sharton@dechert.com
`
`Benjamin M. Sadun (Bar No. 287533)
`DECHERT LLP
`US Bank Tower
`633 West 5th Street, Suite 4900
`Los Angeles, CA 90071-2032
`Telephone: (213) 808-5700
`Facsimile: (213) 808-5760
`benjamin.sadun@dechert.com
`
`Attorneys for Defendant Flo Health, Inc.
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`ERICA FRASCO, individually and on behalf
`of all others similarly situated,
`Plaintiff,
`
`v.
`FLO HEALTH, INC., GOOGLE, LLC,
`FACEBOOK, INC., APPSFLYER, INC., and
`FLURRY, INC.,
`
`Case No.: 3:21-cv-00757-JD
`DEFENDANT FLO HEALTH, INC.’S
`ANSWER TO PLAINTIFFS’
`CONSOLIDATED CLASS ACTION
`COMPLAINT
`CONSOLIDATED COMPLAINT FILED:
`September 2, 2021
`
`Defendants.
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`FLO HEALTH, INC.’S ANSWER TO CONSOLIDATED COMPLAINT
`CASE NO. 3:21-CV-00757-JD
`
`

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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 2 of 46
`
`SARAH WELLMAN, individually and on
`behalf of all others similarly situated,
`Plaintiff,
`
`v.
`FLO HEALTH, INC., GOOGLE, LLC,
`FACEBOOK, INC., APPSFLYER, INC., and
`FLURRY, INC.,
`
`Defendants.
`
`JUSTINE PIETRZYK, individually and on
`behalf of all others similarly situated,
`Plaintiff,
`
`v.
`FLO HEALTH, INC., GOOGLE, LLC,
`FACEBOOK, INC., APPSFLYER, INC., and
`FLURRY, INC.,
`
`Defendants.
`
`JENNIFER CHEN, individually and on
`behalf of all others similarly situated,
`Plaintiff,
`
`v.
`FLO HEALTH, INC., GOOGLE, LLC,
`FACEBOOK, INC., APPSFLYER, INC., and
`FLURRY, INC.,
`
`Defendants.
`
`TESHA GAMINO, individually and on
`behalf of all others similarly situated,
`Plaintiff,
`
`v.
`FLO HEALTH, INC., GOOGLE, LLC,
`FACEBOOK, INC., APPSFLYER, INC., and
`FLURRY, INC.,
`
`Defendants.
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`FLO HEALTH, INC.’S ANSWER TO CONSOLIDATED COMPLAINT
`CASE NO. 3:21-CV-00757-JD
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`

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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 3 of 46
`
`LEAH RIDGWAY and AUTUMN MEIGS,
`individually and on behalf of all others
`similarly situated,
`
`Plaintiffs,
`
`v.
`FLO HEALTH, INC., GOOGLE, LLC,
`FACEBOOK, INC., APPSFLYER, INC., and
`FLURRY, INC.,
`
`Defendants.
`
`MADELINE KISS, individually and on behalf
`of all other similarly situated,
`Plaintiff,
`
`v.
`FLO HEALTH, INC., GOOGLE, LLC,
`FACEBOOK, INC., APPSFLYER, INC., and
`FLURRY, INC.,
`
`Defendants.
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`FLO HEALTH, INC.’S ANSWER TO CONSOLIDATED COMPLAINT
`CASE NO. 3:21-CV-00757-JD
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`

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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 4 of 46
`
`PRELIMINARY STATEMENT
`Flo Health, Inc. (“Flo”), a leader in the “fem-tech” space, plays a critical role in supporting
`and advancing women’s health in the United States and abroad. The Flo App, designed and operated
`in consultation with a medical board of over 100 international experts, provides access to
`information about women’s reproductive health and allows its users to track information related to
`all phases of the reproductive cycle. It is the #1 OB-GYN-recommended app for period and cycle
`tracking based on a survey of U.S. OB-GYNs.1
`Flo’s mission is to create a better future for female health by helping women harness the
`power of their body signals. The Flo App is available in more than 20 languages and in more than
`200 countries, including in many communities where access to information regarding women’s
`reproductive health is not otherwise available. Flo offers much of its services for free, as the
`company believes essential, evidence-based health information should be available to everyone.
`Starting in 2017, in recognition of Flo’s worldwide campaign to spread awareness about women’s
`reproductive and sexual health issues, the United Nations Population Fund (the U.N.’s sexual and
`reproductive health agency) began partnering with Flo in furtherance of that mission.
`Plaintiffs’ claims against Flo are based on a fundamental misunderstanding of how the App
`operates, alleging that Flo shared “health information” with third parties for advertising purposes.
`This is completely untrue. Flo does not sell any user data and never has. Nor has Flo ever shared
`data with anyone else for advertising purposes. Instead, as disclosed in the App’s Terms of Use and
`Privacy Policy—which Plaintiffs and all putative class members affirmatively consented to—the
`App collects user data to operate the App, analyze user trends, and improve the user experience.
`Specifically, as Flo disclosed in every version of its Privacy Policy, the App used third-party tools
`provided by analytics divisions of larger tech companies “to monitor and analyze trends, usage and
`activities” based on certain aggregated, de-identified user data. Flo specifically named these third
`parties in the Privacy Policy, including Defendants Google, Facebook, and Flurry (collectively, the
`“Analytics Defendants”).
`
`1 Based on a survey of 225 U.S. OB-GYNs who recommend apps for period and cycle tracking.
`
`1
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`FLO HEALTH, INC.’S ANSWER TO CONSOLIDATED COMPLAINT
`CASE NO. 3:21-CV-00757-JD
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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 5 of 46
`
`ANSWER
`Defendant Flo Health, Inc. (“Flo”) hereby answers the Consolidated Class Action Complaint
`(the “Complaint”) of Plaintiffs Erica Frasco, Sarah Wellman, Justine Pietrzyk, Jennifer Chen, Tesha
`Gamino, Leah Ridgway, Autumn Meigs, and Madeline Kiss (together, “Plaintiffs”) as follows:
`SUMMARY OF ALLEGATIONS
`
`Admitted
`1.
`Flo states that the Flo App provides information regarding women’s health including
`2.
`an ovulation calendar, period tracker, pregnancy guide, and wellness and lifestyle tracker. Flo
`further states that the App uses artificial intelligence. Flo otherwise denies the allegations in
`Paragraph 2.
`Admitted.
`3.
`Flo’s website speaks for itself, and therefore no response is required. To the extent a
`4.
`response is required, Flo denies the allegations in Paragraph 4.
`5.
`The purported survey questions from the Flo App speak for themselves. Flo further
`states that users can enter their names, email addresses, dates of birth, and places of residence into
`the Flo App. Flo otherwise denies the allegations contained in Paragraph 5.
`6.
`The purported survey questions from the Flo App speak for themselves, therefore no
`response is required. To the extent a response is required, Flo denies the allegations contained in
`Paragraph 6.
`Paragraph 7 contains legal conclusions to which no response is required. To the
`7.
`extent a response is required, Flo states that the Flo App allows users to answer various optional
`survey questions regarding, among other things, menstruation, body weight, sleep, sexual activity,
`mood, headaches, breast tenderness, acne, or fatigue. Flo otherwise denies the allegations contained
`in Paragraph 7.
`8.
`The Complaint fails to identify when and where Flo allegedly made the statement
`referred to in the Paragraph 8. To the extent it exists, the purported statement speaks for itself. Flo
`otherwise denies the allegations in Paragraph 8.
`
`FLO HEALTH, INC.’S ANSWER TO CONSOLIDATED COMPLAINT
`CASE NO. 3:21-CV-00757-JD
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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 6 of 46
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`Paragraph 9 states a legal conclusion to which no response is required. To the extent
`9.
`a response is required, Flo denies the allegations in Paragraph 9.
`10.
`Denied.
`11.
`Flo’s Privacy Policies and website speak for themselves, and therefore no response
`is required. To the extent a response is required, Flo denies the allegations in Paragraph 11.
`12.
`Paragraph 12 states legal conclusions to which no response is required. Furthermore,
`Flo’s Privacy Policies speak for themselves, and therefore no response is required. To the extent a
`response is required, Flo denies the allegations in Paragraph 12.
`13.
`Denied.
`14.
`Denied.
`15.
`Denied.
`16.
`Denied.
`17.
`Denied.
`18.
`Denied.
`19.
`Denied.
`20.
`Denied.
`21.
`Paragraph 21 states legal conclusions to which no response is required. Furthermore,
`the “report published by the Wall Street Journal in February 2019” speaks for itself. To the extent a
`response is required, Flo denies the allegations in Paragraph 21.
`22.
`Paragraph 22 states legal conclusions to which no response is required. Flo further
`states that the FTC Complaint referenced in Paragraph 22 speaks for itself. To the extent a response
`is required, Flo denies the allegations in Paragraph 22.
`23.
`The report referenced in Paragraph 23, including footnote 6 thereto, speaks for itself,
`and therefore no response is required. To the extent a response is required, Flo denies the allegations
`in Paragraph 23.
`24.
`The quoted article and statement referenced in Paragraph 24, including footnote 7
`thereto, speak for themselves, and therefore no response is required. To the extent a response is
`required, Flo denies the allegations in Paragraph 24.
`
`2
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`FLO HEALTH, INC.’S ANSWER TO CONSOLIDATED COMPLAINT
`CASE NO. 3:21-CV-00757-JD
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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 7 of 46
`
`Paragraph 25 states legal conclusions to which no response is required. Furthermore,
`25.
`the FTC Settlement referenced in Paragraph 25 and the press release cited in footnote 8 thereto
`speak for themselves. To the extent a response is required, Flo states that it entered into a Settlement
`with the FTC that involved no admission of wrongdoing. Flo otherwise denies the allegations in
`Paragraph 25.
`The report referenced in Paragraph 26 speaks for itself, and therefore no response is
`26.
`required. To the extent a response is required, Flo denies the allegations in Paragraph 26.
`27.
`Denied.
`28.
`Denied.
`
`JURISDICTION AND VENUE
`Paragraph 29 contains legal conclusions to which no response is required. To the
`29.
`extent a response is required, Flo denies the allegations in Paragraph 29.
`30.
`Paragraph 30 contains legal conclusions to which no response is required. To the
`extent a response is required, Flo denies the allegations in Paragraph 30.
`31.
`Paragraph 31 contains legal conclusions to which no response is required. In
`addition, Flo’s Terms of Use is a document that speaks for itself. To the extent a response is required,
`Flo denies the allegations in Paragraph 31.
`32.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 32.
`33.
`Paragraph 33 contains legal conclusions to which no response is required. To the
`extent a response is required, Flo denies the allegations in Paragraph 33.
`34.
`Paragraph 34 contains legal conclusions to which no response is required. To the
`extent a response is required, Flo denies the allegations in Paragraph 34.
`PARTIES
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`35.
`allegations in Paragraph 35.
`36.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 36.
`
`3
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`FLO HEALTH, INC.’S ANSWER TO CONSOLIDATED COMPLAINT
`CASE NO. 3:21-CV-00757-JD
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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 8 of 46
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`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`37.
`allegations in Paragraph 37.
`38.
`Paragraph 38 states legal conclusions to which no response is required. To the extent
`a response is required, Flo denies the allegations contained in Paragraph 38.
`39.
`Denied.
`40.
`Denied.
`41.
`Paragraph 41 states a legal conclusion to which no response is required. To the extent
`a response is required, Flo denies the allegations in Paragraph 41.
`42.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 42.
`43.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 43.
`44.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 44.
`45.
`Paragraph 45 states legal conclusions to which no response is required. To the extent
`a response is required, Flo denies the allegations contained in Paragraph 45.
`46.
`Denied.
`47.
`Denied.
`48.
`Paragraph 48 states a legal conclusion to which no response is required. To the extent
`a response is required, Flo denies the allegations in Paragraph 41.
`49.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 49.
`50.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 50.
`51.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 51.
`52.
`Paragraph 52 states legal conclusions to which no response is required. To the extent
`a response is required, Flo denies the allegations contained in Paragraph 52.
`
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`FLO HEALTH, INC.’S ANSWER TO CONSOLIDATED COMPLAINT
`CASE NO. 3:21-CV-00757-JD
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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 9 of 46
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`Denied.
`53.
`Denied.
`54.
`Paragraph 55 states a legal conclusion to which no response is required. To the extent
`55.
`a response is required, Flo denies the allegations in Paragraph 41.
`56.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 56.
`57.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 57.
`58.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 58.
`59.
`Paragraph 59 states legal conclusions to which no response is required. To the extent
`a response is required, Flo denies the allegations contained in Paragraph 59.
`60.
`Denied.
`61.
`Denied.
`62.
`Paragraph 62 states a legal conclusion to which no response is required. To the extent
`a response is required, Flo denies the allegations in Paragraph 62.
`63.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 63.
`64.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 64.
`65.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 65.
`66.
`Paragraph 66 states legal conclusions to which no response is required. To the extent
`a response is required, Flo denies the allegations contained in Paragraph 66.
`67.
`Denied.
`68.
`Denied.
`69.
`Paragraph 69 states a legal conclusion to which no response is required. To the extent
`a response is required, Flo denies the allegations in Paragraph 69.
`
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`FLO HEALTH, INC.’S ANSWER TO CONSOLIDATED COMPLAINT
`CASE NO. 3:21-CV-00757-JD
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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 10 of 46
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`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`70.
`allegations in Paragraph 70.
`71.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 71.
`72.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 72.
`73.
`Paragraph 73 states legal conclusions to which no response is required. To the extent
`a response is required, Flo denies the allegations contained in Paragraph 63.
`74.
`Denied.
`75.
`Denied.
`76.
`Paragraph 76 states a legal conclusion to which no response is required. To the extent
`a response is required, Flo denies the allegations in Paragraph 76.
`77.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 77.
`78.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 78.
`79.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 79.
`80.
`Paragraph 80 states legal conclusions to which no response is required. To the extent
`a response is required, Flo denies the allegations contained in Paragraph 80.
`81.
`Denied.
`82.
`Denied.
`83.
`Paragraph 83 states a legal conclusion to which no response is required. To the extent
`a response is required, Flo denies the allegations in Paragraph 83.
`84.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 84.
`85.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 85.
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`FLO HEALTH, INC.’S ANSWER TO CONSOLIDATED COMPLAINT
`CASE NO. 3:21-CV-00757-JD
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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 11 of 46
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`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`86.
`allegations in Paragraph 86.
`87.
`Paragraph 87 states legal conclusions to which no response is required. To the extent
`a response is required, Flo denies the allegations contained in Paragraph 87.
`88.
`Denied.
`89.
`Denied.
`90.
`Paragraph 90 states a legal conclusion to which no response is required. To the extent
`a response is required, Flo denies the allegations in Paragraph 90.
`91.
`Admitted.
`92.
`Denied.
`93.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 93, including footnote 10 thereto.
`94.
`Flo states that it formerly incorporated a Fabric SDK into the Flo App. Flo lacks
`knowledge and information sufficient to form a belief as to the truth of the remaining allegations in
`Paragraph 94, including footnote 11 thereto.
`95.
`Denied.
`96.
`Flo states that it formerly incorporated a Google Analytics SDK into the Flo App.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the remaining
`allegations in Paragraph 96.
`97.
`Denied.
`98.
`Paragraph 98 states a legal conclusion to which no response is required. Furthermore,
`the document cited in Paragraph 98 and footnote 12 thereto speaks for itself. To the extent a response
`is required, Flo denies the allegations in Paragraph 98.
`99.
`Denied.
`100.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 100, including footnote 13 thereto.
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`FLO HEALTH, INC.’S ANSWER TO CONSOLIDATED COMPLAINT
`CASE NO. 3:21-CV-00757-JD
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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 12 of 46
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`Flo states that it formerly incorporated a Facebook SDK into the Flo App. Flo lacks
`101.
`knowledge and information sufficient to form a belief as to the truth of the remaining allegations in
`Paragraph 101.
`102.
`The document quoted in Paragraph 102 speaks for itself and no response is required.
`To the extent a response is required, Flo denies the allegations in Paragraph 102, including footnote
`14 thereto.
`103. Denied.
`104. Denied.
`105. Denied.
`106.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 106, including footnote 15 thereto.
`107.
`Flo states that it incorporated an AppsFlyer SDK into the Flo App. Flo lacks
`knowledge and information sufficient to form a belief as to the truth of the remaining allegations in
`Paragraph 107.
`108. Denied.
`109. Denied.
`110. Denied.
`111.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 111, including footnote 16 thereto.
`112.
`Flo states that it formerly incorporated a Flurry SDK into the Flo App. Flo lacks
`knowledge and information sufficient to form a belief as to the truth of the remaining allegations in
`Paragraph 112.
`113.
`The document cited in Paragraph 113 speaks for itself. To the extent a response is
`required, Flo denies the allegations contained in Paragraph 113.
`114. Denied.
`
`FACTUAL BACKGROUND
`
`115. Admitted.
`116. Admitted.
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`FLO HEALTH, INC.’S ANSWER TO CONSOLIDATED COMPLAINT
`CASE NO. 3:21-CV-00757-JD
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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 13 of 46
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`Paragraph 117 contains legal conclusions to which no response is required. To the
`117.
`extent a response is required, Flo states that the Flo App allows users to answer various optional
`survey questions regarding, among other things, contraception, vaginal discharge, diseases, water
`intake, bodyweight, pain, mood, and sexual activity. Flo further states that the Flo App’s survey
`questions have changed over time. Users can write “personal notes” in the Flo App. The Flo App
`uses push notifications to improve the user experience. Flo denies all other allegations in Paragraph
`117.
`
`Flo states that in 2017 the Flo App included a community section for users to
`118.
`anonymously ask and answer questions related to women’s health. Flo otherwise denies the
`allegations in Paragraph 118.
`119. Admitted.
`120.
`Flo’s website speaks for itself, and therefore no response is required. To the extent a
`response is required, Flo states that the Flo App was developed and is operated in consultation with
`an international “medical board,” as described on Flo’s website. Flo otherwise denies the allegations
`in Paragraph 120.
`121. Admitted.
`122.
`Paragraph 122 contains legal conclusions to which no response is required. To the
`extent a response is required, Flo states that more than 100 million users worldwide have
`downloaded the Flo App. Flo further states that not everyone who downloads the Flo App enters
`personal information into it. Flo otherwise denies the allegations in Paragraph 122.
`123.
`Paragraph 123 states legal conclusions to which no response is required.
`Furthermore, the documents quoted in Paragraph 123 speak for themselves. To the extent a response
`is required, Flo states that it disclosed it would share certain information with third parties, including
`the Analytics Defendants, to, among other things, operate, analyze, and improve the App. Flo
`otherwise denies the allegations in Paragraph 123.
`124.
`The article referenced in Paragraph 124 and footnote 18 thereto speaks for itself. To
`the extent a response is required, Flo denies the allegations contained in Paragraph 124.
`125. Denied.
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`126. Denied.
`127. Denied.
`128. Denied.
`129. Denied.
`130. Denied.
`131.
`Paragraph 131 references written survey questions that speak for themselves. To the
`extent a response is required, Flo otherwise denies the allegations contained in Paragraph 131.
`132.
`Paragraph 132 references written survey questions that speak for themselves and
`therefore no response is required. To the extent a response is required, Flo otherwise denies the
`allegations contained in Paragraph 132.
`133.
`Paragraph 133 contains legal conclusions to which no response is required. In
`addition, Paragraph 133 references written survey questions that speak for themselves. To the extent
`a response is required, Flo denies the allegations contained in Paragraph 133.
`134.
`The Complaint fails to identify when and where Flo allegedly made the statement
`referred to in the Paragraph 134. To the extent it exists, the purported statement speaks for itself.
`Flo otherwise denies the allegations in Paragraph 134.
`135.
`Paragraph 135 contains legal conclusions to which no response is required. To the
`extent a response is required, Flo denies the allegations contained in Paragraph 135.
`136. Denied.
`137.
`Flo states that it disclosed de-identified Standard and Custom App Events to third
`parties, consistent with its Privacy Policy. Flo further states that Standard App Events generally
`record routine app functions and that Custom App Events generally track certain in-app navigation
`(but not the users’ actual inputs). Flo otherwise denies the allegations contained in Paragraph 137.
`138. Denied.
`139. Denied.
`140.
`Flo states that it integrated third-party SDKs into the Flo App from 2016 onward,
`including SDKs from the Analytics Defendants until early 2019. Flo otherwise denies the allegations
`contained in Paragraph 140.
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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 15 of 46
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`141. Denied.
`142. Denied.
`143. Denied.
`144.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of
`Plaintiffs’ purported analysis reference in Paragraph 144. Flo also otherwise denies the allegations
`contained in Paragraph 144.
`145.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of
`Plaintiffs’ purported analysis reference in Paragraph 145. Flo also otherwise denies the allegations
`contained in Paragraph 145.
`146.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of
`Plaintiffs’ purported analysis reference in Paragraph 146. Flo also otherwise denies the allegations
`contained in Paragraph 146.
`147. Denied.
`148.
`Paragraph 148 states legal conclusions to which no response is required. In addition,
`the FTC complaint referenced in Paragraph 148 speaks for itself, and therefore no response is
`required. To the extent a response is required, Flo denies the allegations contained in Paragraph 148,
`including footnote 21 thereto.
`149. Denied.
`150.
`Flo states that it stopped using the Fabric, Facebook, Flurry, and Google SDKs in the
`Flo App, starting with the App versions released in 2019. Flo otherwise denies the allegations
`contained in Paragraph 150.
`151. Denied.
`152.
`Flo states that persistent identifiers are unique to each device. Flo otherwise denies
`the allegations contained in Paragraph 152.
`153.
`Flo states that IDFAs and IDVAs are de-identified device identifiers. Flo otherwise
`denies the allegations in Paragraph 153.
`154.
`Flo states that AAIDs and Android IDs are de-identified device identifiers. Flo
`otherwise denies the allegations in Paragraph 153.
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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 16 of 46
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`Flo states that persistent identifiers can sometimes contain information about a
`155.
`mobile device’s software or hardware. Flo otherwise denies all allegations contained in Paragraph
`155.
`
`The document referenced in Paragraph 156, including footnote 23 thereto, speaks for
`156.
`itself, and therefore no response is required. To the extent a response is required, Flo denies the
`allegations in Paragraph 156.
`157.
`The document referenced in Paragraph 157, including footnote 24 thereto, speaks for
`itself, and therefore no response is required. To the extent a response is required, Flo denies the
`allegations in Paragraph 157.
`158. Denied.
`159. Denied.
`160. Denied.
`161.
`Paragraph 161 contains legal conclusions to which no response is required.
`Furthermore, any purported statements by Flo speak for themselves. To the extent a response is
`required, Flo refers Plaintiffs to its Terms of Use and Privacy Policy, which speak for themselves,
`and contain Flo’s representations regarding user data. Flo otherwise denies the allegations contained
`in Paragraph 161.
`162.
`Paragraph 162 contains legal conclusions to which no response is required. To the
`extent a response is required, Flo denies the allegations in Paragraph 162.
`163.
`Flo’s Privacy Policy speaks for itself, and therefore no response is required. To the
`extent a response is required, Flo otherwise denies the allegations in Paragraph 163, including
`footnote 25.
`Flo’s Privacy Policy speaks for itself, and therefore no response is required. To the
`164.
`extent a response is required, Flo denies the allegations in Paragraph 164, including footnote 26.
`165.
`Flo’s Privacy Policy speaks for itself, and therefore no response is required. To the
`extent a response is required, Flo denies the allegations in Paragraph 165, including footnote 27.
`166.
`Flo’s Privacy Policy speaks for itself, and therefore no response is required. To the
`extent a response is required, Flo denies the allegations in Paragraph 166, including footnote 28.
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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 17 of 46
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`Flo’s Privacy Policy speaks for itself, and therefore no response is required. To the
`167.
`extent a response is required, Flo denies the allegations in Paragraph 167, including footnote 29.
`168.
`Paragraph 168 contains legal conclusions to which no response is required.
`Furthermore, the notification referenced in Paragraph 168 speaks for itself. To the extent a response
`is required, Flo denies the allegations contained in Paragraph 168.
`169. Denied.
`170. Denied.
`171. Denied.
`172.
`The notification referenced in Paragraph 172 speaks for itself and, therefore, no
`response is required. To the extent a response is required, Flo denies the allegations in Paragraph
`172.
`
`The notification referenced in Paragraph 173 speaks for itself and, therefore, no
`173.
`response is required. To the extent a response is required, Flo denies the allegations in Paragraph
`173.
`
`Paragraph 174 contains legal conclusions to which no response is required. In
`174.
`addition, the notification referenced in Paragraph 174 speaks for itself and, therefore, no response
`is required. To the extent a response is required, Flo denies the allegations in Paragraph 174.
`175. Denied.
`176.
`Paragraph 176 contains legal conclusions to which no response is required. In
`addition, the notification referenced in Paragraph 176 speaks for itself and, therefore, no response
`is required. To the extent a response is required, Flo denies the allegations in Paragraph 176.
`177.
`Flo’s Privacy Policy speaks for itself, and therefore no response is required.
`Paragraph 177 also contains legal conclusions to which no response is required. To the extent a
`response is required, Flo denies the allegations in Paragraph 177, including footnote 30.
`178.
`Flo’s Privacy Policy speaks for itself, and therefore no response is required. To the
`extent a response is required, Flo denies the allegations in Paragraph 178.
`179. Denied.
`180. Denied.
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`Case 3:21-cv-00757-JD Document 175 Filed 08/08/22 Page 18 of 46
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`181. Denied.
`182. Denied.
`183. Denied.
`184.
`Flo lacks knowledge and information sufficient to form a belief as to the truth of the
`allegations in Paragraph 184.
`185.
`The Wall Street Journal article referenced in Paragraph 185 speaks for itself, and
`therefore no response is required. To the extent a response is required, Flo lacks knowledge and
`information sufficient to form a belief as to the truth of the allegations in Paragraph 185, including
`footnote 34 thereto.
`186. Admitted.
`187. Denied.
`188.
`Paragraph 188 contains legal conclusions to which no response is required.
`Paragraph 188 also references purported “studies” that speak for themselves. To the extent a
`response is required, Flo denies the allegations contained in Paragraph 188.
`189.
`Paragraph 189 contains legal conclusions to which no response is required.
`Paragraph 189 also references “polls” and “studies” that speak for themselves. To the extent a
`response is required, Flo denies