Home Technology Google fails to dismiss billion lawsuit over ‘Incognito mode’ tracking

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

A recent ruling by a US judge has denied Google’s request to dismiss a class action lawsuit accusing the company of secretly tracking the online activity of Chrome users, even when they were using the browser’s Incognito mode. The lawsuit alleges that Google invaded the privacy of millions of Chrome users by covertly monitoring their internet use.

The lawsuit, filed in June 2020, claims that Google collects user data in Incognito mode through various applications and website plug-ins, including Google Analytics and Google Ad Manager, as well as smartphone apps. This data collection allegedly occurs even when users do not interact with Google-supported ads. The plaintiffs argue that Google is misleading customers into thinking they have control over the information they share while using Chrome’s private browsing mode.
In her 36-page ruling

The District Judge Yvonne Gonzalez Rogers, in denying Google’s request, stated that she could not find evidence of user consent regarding the collection of their online viewing information, as Google never explicitly informed them about it. Rogers also referenced a Google pilot program that paid users for their browsing histories, indicating a market for this data.
Rogers cited statements from various Chrome privacy notices and policies that imply Incognito mode limits stored information and allows users to control the information they share. According to the judge, Google’s own representations of its private browsing mode suggest that users expect privacy while using it. Google is welcome to present counterarguments during the trial.
‘Jurisdiction of the lawsuit’
The lawsuit covers Google users since June 1, 2016, and seeks at least $5,000 in damages per user for violations of federal wiretapping and California privacy laws. Therefore, the proposed class action seeks a minimum of $5 billion in damages. Google has stated that it will vigorously defend itself against these claims.

 

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