Google fails to dismiss $5 billion lawsuit over ‘Incognito mode’ tracking

A US judge has denied Google’s request to dismiss a class action lawsuit alleging that it secretly tracked the online activity of Chrome users even when they were using the browser in Incognito mode. The lawsuit claims that Google invaded the privacy of millions of Chrome users by secretly tracking their internet use.

The lawsuit was filed in June 2020. Users alleged that Google hoovers up user data in Incognito mode through Google Analytics, Google Ad Manager and other applications and website plug-ins, including smartphone apps, even when users do not click on Google-supported ads. The plaintiffs claim that Google is therefore deceiving customers into believing that they have control over the information they share with the company when they use Chrome’s private browsing mode.
36-page ruling

In denying Google’s request, District Judge Yvonne Gonzalez Rogers said that she could not find that users consented to letting Google collect information about what they viewed online because the Alphabet unit never explicitly told them it would. In a 36-page decision, Rogers said that the plaintiffs showed there was a market for their data, citing a Google pilot program that paid users $3 a day for their browsing histories.
Rogers referred to statements in the Chrome privacy notice, Privacy Policy, Incognito Splash Screen, and Search & Browse Privately Help page suggesting that incognito mode limits the information stored or how people can control the information they share: The Court is guided by the way that Google itself chose to represent its private browsing mode: Google told users that they could ‘go Incognito’ and ‘browse privately.’ By browsing privately, plaintiffs could be said to have asserted their expectation of privacy. Google is welcome to make the counterargument at trial.
‘Lawsuit’s jurisdiction’
The lawsuit covers Google users since June 1, 2016. It seeks at least $5,000 of damages per user for violations of federal wiretapping and California privacy laws. The proposed class action therefore seeks $5,000 in damages per user for violations of federal wiretapping and California privacy laws, amounting to at least $5 billion.
Google on its part said that it will defend itself “vigorously’ against the claims.