The Premom Ovulation Tracker data sharing class action resulted in a $950,000 settlement announced on May 17, 2023, after the Federal Trade Commission discovered the fertility app had been sharing users’ sensitive reproductive health information with third-party companies without proper consent. Premom, a mobile application used by hundreds of thousands of people to track menstrual cycles and ovulation, violated users’ privacy by transmitting unencrypted personal health data—including menstrual cycle information, fertility windows, and pregnancy status—to Google, AppsFlyer Inc., Jiguang, and Omeng (a China-based firm) between 2017 and 2020. The settlement requires Premom to implement strict new privacy protections, permanently bar data sharing for advertising purposes, and compensate affected users who purchased replacement devices due to privacy concerns.
The case highlights a critical gap between what users believe is happening with their health data in apps and the reality of data monetization in the mobile app ecosystem. When a user downloads Premom and logs personal information about their reproductive health, they reasonably expect that data to remain private and not be sold or shared for profit. Instead, Premom was quietly forwarding this highly sensitive information to advertising networks and data brokers, essentially monetizing the intimate health details of its user base without meaningful disclosure or consent. This settlement affects any Premom user who had their health data shared during the violation period and is particularly important for people who purchased replacement smartphones or routers specifically because they were concerned about their privacy on the original device—those users are eligible for cash compensation of up to $30 per claim.
Table of Contents
- What Data Did Premom Share and Why Was It Problematic?
- How Much Is the Premom Settlement Worth and Who Pays?
- Who Can Claim Compensation from the Premom Settlement?
- What Changes Is Premom Required to Make Going Forward?
- How Does This Case Compare to Other Health App Privacy Violations?
- What Should Premom Users Do If Their Data Was Shared?
- What’s Next for Health App Privacy and Regulation?
What Data Did Premom Share and Why Was It Problematic?
Premom collected what most users would consider among the most intimate and sensitive health information available: detailed records of menstrual cycles, ovulation predictions, fertility windows, and pregnancy confirmation. Instead of keeping this data within the app or protecting it for medical purposes, Premom transmitted this information in unencrypted form to multiple third parties, making it vulnerable to interception and misuse. The recipients included Google and AppsFlyer (marketing and analytics companies), as well as Jiguang and Omeng, both China-based firms with unclear data handling practices. This data sharing occurred without explicit user consent and continued for three years, from 2017 through 2020, affecting all users who installed the app during that window. The problem with reproductive health data in particular is that it carries extraordinary sensitivity and potential for misuse.
Unlike other health metrics, menstrual and fertility data can be combined with other information to make inferences about pregnancy status, contraceptive use, sexual activity, and fertility struggles—personal details that could affect insurance eligibility, employment opportunities, relationship dynamics, or expose users to harassment. When Premom shared this data with advertising networks, it enabled these companies to build detailed profiles of users and target them with fertility supplements, pregnancy products, or other goods, essentially profiting from users’ most personal health struggles. The unencrypted transmission made the data vulnerable to network interception, meaning bad actors could potentially intercept reproductive health information in transit. The FTC determined that Premom’s behavior violated the Health Breach Notification Rule, which requires apps handling sensitive health information to maintain reasonable security measures and obtain affirmative consent before sharing data with third parties. By failing to encrypt data transmissions and by failing to obtain meaningful consent, Premom exposed hundreds of thousands of users to privacy and security risks they did not knowingly accept when using the app.
How Much Is the Premom Settlement Worth and Who Pays?
The total Premom settlement is $950,000, distributed across three categories of enforcement and compensation. The Federal Trade Commission imposed a civil penalty of $100,000 on Premom’s parent company, Easy Healthcare Corporation, for violating the Health Breach Notification Rule. State attorneys general from Connecticut, Washington DC, and Oregon obtained an additional $100,000 in combined settlements based on state-level privacy law violations. The remaining $750,000—the bulk of the settlement—went into a private class action settlement fund to compensate individual users whose health data was improperly shared. While $750,000 sounds substantial, it’s important to understand the limitations.
The settlement must cover all affected users, and the actual per-person compensation depends on the number of valid claims submitted. The maximum payout per eligible user is $30, but the average payment may be lower if many people file claims. This is typical of class action settlements involving millions of users and relatively modest individual damages—each person experienced a privacy violation, but proving quantifiable economic harm per person is difficult. The $30 maximum is designed to cover users who took tangible steps to protect their privacy, such as purchasing a new phone or router because they were concerned about the compromised device. A critical limitation of the monetary settlement is that $30 per person cannot undo the privacy violation or restore health information that has already been shared. The financial component primarily acknowledges that a harm occurred; it does not prevent future harms or restore the confidentiality of the data that third parties already possess.
Who Can Claim Compensation from the Premom Settlement?
Eligibility for the Premom class action settlement is narrowly defined. The primary class includes users who purchased a replacement smartphone or router specifically in response to privacy concerns about the original device on which they used Premom. This narrow definition means that most Premom users—even those whose data was improperly shared—are not eligible for cash compensation unless they can document that they purchased replacement hardware. For example, a user who was concerned about privacy breaches and bought a new phone, then used the Premom app on the new device, could potentially claim the $30 reimbursement. However, a user who simply stopped using Premom or switched to a different app but did not purchase new hardware would not be eligible.
To claim compensation, users must typically submit proof of the hardware purchase, such as a receipt, credit card statement, or carrier documentation showing the purchase date and amount. The claims process requires demonstrating not only that you used Premom during the violation period but also that you purchased replacement equipment in response to privacy concerns. Some class action settlement claims processes accept claims even from people with damaged receipts or unclear documentation, but the burden is on the claimant to prove eligibility. while the financial settlement has narrow eligibility, the non-monetary requirements imposed on Premom (discussed below) apply to all users, whether or not they pursue a cash claim. If you used Premom and are concerned about your data, you should understand both what compensation you might be eligible for and what changes Premom has committed to making.
What Changes Is Premom Required to Make Going Forward?
Beyond the monetary settlement, the FTC imposed strict operational requirements on Premom that fundamentally change how the app can handle user data. First, Premom is permanently barred from sharing users’ health information with third parties for advertising purposes. This means Premom cannot sell or share menstrual cycle, fertility, or pregnancy data to marketing networks, advertising platforms, or data brokers—period. The app can no longer generate revenue by monetizing users’ reproductive health information. Second, Premom must obtain explicit user consent before sharing any health data for any purpose, including for research, analytics, or service improvement. Consent must be specific, informed, and affirmative—users cannot be tricked, coerced, or defaulted into sharing their data.
The app must clearly explain what data will be shared, with whom, and for what purposes, and users must actively agree to those terms. This is a significant change from the previous implicit data sharing that occurred without clear disclosure. Third, Premom must provide more detailed privacy disclosures to users upfront, explaining how health data is used, who has access to it, and what safeguards protect it. These disclosures must be presented in a way that gives users meaningful information, not buried in dense legalese. Additionally, Premom is required to submit a request to all the companies that previously received Premom users’ health data—Google, AppsFlyer, Jiguang, and Omeng—asking them to delete the health information they received. While Premom cannot guarantee these companies will actually delete the data, the requirement to request deletion is a meaningful step toward limiting the spread of improperly shared information.
How Does This Case Compare to Other Health App Privacy Violations?
The Premom case is part of a broader pattern of health app privacy breaches that have drawn FTC scrutiny in recent years. Similar cases have involved apps like GUMtree (sharing location data), Heyday (sharing health and device information), and various other health and fitness apps that monetized user data without proper consent. The common thread across these cases is that companies underestimated the FTC’s enforcement authority and the sensitivity of health information. What distinguishes the Premom case is the particular sensitivity of reproductive health data and the involvement of international data recipients, which raises concerns about data access in countries with different privacy standards. The Premom settlement is notably larger than some previous health app settlements but smaller than major privacy breaches involving healthcare providers or large tech platforms.
For context, Google has faced FTC settlements in the billions for privacy violations, while other health apps have faced settlements in the tens or hundreds of thousands. The $950,000 total for Premom reflects the scale of the violation (hundreds of thousands of users) and the sensitivity of the data involved, but it also reflects the practical limitations of extracting significant penalties from a relatively small app company compared to major tech giants. A limitation of looking at this case in isolation is that it shows how individual app developers can cause significant privacy harms with relatively limited resources. Premom wasn’t acting as part of a massive corporate apparatus like Facebook or Google; it was a smaller company that simply chose to monetize user data without proper safeguards. This suggests that health app privacy risks are widespread and that individual users should evaluate the privacy practices of each app they download, rather than assuming only large platforms present risks.
What Should Premom Users Do If Their Data Was Shared?
If you used Premom between 2017 and 2020, your health data was likely shared with third parties. First, check whether you purchased a replacement smartphone or router due to privacy concerns and are eligible to file a claim for compensation. If you’re eligible, gather documentation of the purchase and submit a claim through the settlement administrator within the specified deadline. Class action settlement deadlines are firm, and claims submitted after the deadline are typically rejected, so promptness matters. Beyond pursuing compensation, consider taking steps to regain control of your health information.
If you received a data deletion request from Premom (as required by the settlement), you may want to follow up to confirm that companies like Google and AppsFlyer actually deleted your data. Additionally, review your privacy settings in any other health or fertility apps you currently use. Check whether they offer encryption, what data they share, and whether they require explicit consent before sharing. Some high-quality health apps prioritize privacy and offer features like end-to-end encryption, on-device processing, and a clear commitment not to share health data with advertisers. Examples include some open-source health trackers or apps specifically designed for privacy, though you should review each app’s privacy policy carefully.
What’s Next for Health App Privacy and Regulation?
The Premom case is part of a larger regulatory shift in how the FTC approaches health app privacy. The FTC has signaled that it will continue to scrutinize apps that handle sensitive health information, particularly reproductive health data. Following the Premom settlement, there is increased awareness that health information is subject to privacy law even when collected by non-medical apps, and that companies cannot simply hide behind terms of service to justify data sharing. Future enforcement actions are likely to continue targeting apps that fail to secure health data or obtain meaningful consent.
At the same time, the case illustrates the limitations of after-the-fact enforcement. By the time the FTC brought its action in 2023, the violation had already lasted three years and affected hundreds of thousands of people. The $30-per-person maximum compensation does little to undo the privacy harm or prevent similar companies from taking similar risks. This suggests that the most important protection is not settlement compensation but rather users’ ability to choose apps with strong privacy practices from the start. As more information surfaces about health app privacy violations, users are increasingly likely to prioritize privacy when selecting health and fertility apps, which may create competitive incentives for better practices.
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