Alphabet’s Google has agreed to settle a lawsuit claiming it secretly tracked the internet use of millions of people who thought they were doing their browsing privately. The case, filed in 2020, accused the tech giant of using sophisticated cookies, analytics, and apps to monitor online activity even when Google Chrome browsers or other software indicated they were running in “Incognito” or “private” mode. Plaintiffs said that monitoring private sessions allowed the company to amass an “unaccountable trove of information,” including details on their friends, hobbies, favorite foods, shopping habits, and potentially embarrassing things they searched for on Google.
In August, U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California, rejected Google’s request to dismiss the case, seeking damages of at least $5,000 per user. The judge noted that there was an open question as to whether Google had made a legally binding promise not to collect data during private browsing sessions, and she cited statements by the company that suggested restraint in collecting such information.
The company argued that it was not violating federal wire-tapping and state consumer protection laws by tracking private browsing data and that the information collected aided site owners in assessing content and performance. However, the court ruled that it violated consumer protection laws and ordered the company to pay the plaintiffs damages.
Lawyers for both sides said on Thursday that they had reached a preliminary settlement and expected to present the agreement terms for court approval by February 4. The terms of the Settlement were not disclosed.
This case illustrates the growing disconnect between consumers’ expectations regarding online data management practices and industry leaders’ actual data collection practices. As digital privacy continues to be a significant topic in consumer protection discussions, the alleged practices of Google and other large technology companies will likely continue to be scrutinized in the courts.
For more information on the Class Action lawsuit, including a Claim Form, please review the Official Notice (Long Form) available on the Court Documents page of this website.
To get a payment from the Settlement, you must submit a valid claim by September 24, 2022. You will give up the right to sue Released Parties in a separate lawsuit about the claims released by this Settlement if you submit a claim for payment.
The monetary award paid to the class members will depend on how many valid claims are submitted and the total amount awarded. The more valid claims submitted, the higher the award amount.
