Fertility-tracking app shares data with Google, class action claims

Fertility-tracking app class action lawsuit overview: 

• Who: An anonymous woman filed a class action lawsuit against Inito Inc. 
• Why: The plaintiff claims Inito violated the privacy rights of women by allowing Google to access sensitive information provided to Inito’s fertility-tracking app. 
• Where: The class action lawsuit was filed in California federal court. 

A new class action lawsuit alleges that Inito shares with Google the sensitive information of women who use its fertility tracker mobile application. 

An anonymous woman claims Inito allows Google to intercept sensitive info provided to the company about fertility, reproductive health and menstrual cycles, in an alleged “gross violation” of women’s privacy rights. 

“Inito even creates an air of false security by telling users that their information will ‘remain between us’ when answering Survey questions,” the Inito class action claims. 

The plaintiff argues it is necessary to respect the privacy of intimate health information to avoid a loss of autonomy, including by “limiting our ability to choose how our health data gets used and whom it gets shared with.”

The plaintiff wants to represent a nationwide class and California subclass of individuals who answered Inito’s onboarding survey on its fertility tracker mobile application, during the class period. 

Women’s reproductive health info ‘highly coveted’ by advertisers, class action claims

Information relating to a women’s reproductive health, fertility and menstrual cycle is “highly coveted” by advertisers, according to the class action, which argues they are willing to spend 15 times more for the data of pregnant women than non-pregnant women. 

“In protecting sexual and reproductive health data and keeping this data private, outside the grasp of advertisers, the overarching outcome is the protection of human dignity and personal autonomy,” the Inito class action says. 

The plaintiff claims Inito is guilty of intrusion upon seclusion and violating the California Invasion of Privacy Act and the California Constitution.  

She demands a jury trial and requests declaratory and injunctive relief and an award of compensatory, statutory and punitive damages for herself and all class members. 

In other fertility-related news, clinical laboratory ReproSource Fertility Diagnostics agreed to pay $1.25 million earlier this year to end claims the company failed to protect patient information during a 2021 data breach. 

Have you provided information to Inito’s app for fertility tracking? Let us know in the comments.

The plaintiff is represented by Brittany S. Scott, Ines Diaz Villafana and Philip L. Fraietta of Bursor & Fisher, P.A. and Scott R. Drury of Drury Legal, LLC. 

The Fertility-tracking app class action lawsuit is Doe, et al. v. Inito Inc., Case No. 3:24-cv-08433, in the U.S. District Court for the Northern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

• Snapchat class action alleges social media network spams users with calls, texts
• Royal Caribbean class action alleges spycams were hidden in bathrooms
• Puma uses TikTok software to ‘trap and trace’ website visitors, class action claims
• Capital One seeks dismissal of class action claiming it shares data with Meta, Google