As much as I don't like facebook as a company, I think the jury reached the wrong decision here. If you read the complaint[1], "eavesdropped on and/or recorded their conversations by using an electronic device" basically amounted to "flo using facebook's sdk and sending custom events to it" (page 12, point 49). I agree that flo should be raked over the coals for sending this information to facebook in the first place…
That's only the first part of the story, though. Facebook isn't guilty because Flo sent medical data through their SDK. If they were just storing it or operating on it for Flo, then the case probably would have ended differently. Facebook is guilty because they turned around and used the medical data themselves to advertise without checking if it was legal to do so. They knew, or should have known, that they needed t…
What exactly did this entail? I haven't read all the court documents, but at least in the initial/amended complaint the plaintiffs didn't make this argument, probably because it's totally irrelevant to the charge of whether they "intentionally eavesdropped" or not. Either they were eavesdropping or not. Whether they were using it for advertising purposes might be relevant in armchair discussions about meta is evil or not, but shouldn't be relevant when it comes to the eavesdropping charge.
>They knew, or should have known, that they needed to check if it was legal to use it
What do you think this should look like?