Cert. Sought in Google Android Privacy Class Action Lawsuit

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

On Tuesday, plaintiffs asked a judge to grant certification to a nationwide class action lawsuit that alleges Google Inc. improperly shared the personal identifying information of consumers who purchased Android apps with third parties. According to the class action lawsuit, this conduct constituted a breach of contract and violated California’s Unfair Competition Law.

According to the Google privacy class action lawsuit, Google deceived consumers by representing that it would only share their personal identifying information in specific and limited circumstances. “Despite this clear promise, Google admitted during the course of discovery in this litigation that it shared Plaintiffs’ and all Class members’ personally identifying information with third-party App developers each time Plaintiffs and other Class members purchased an App using its retail platforms, the Android Market and the Google Play Store,” the plaintiffs allege.

“Google shared precisely the same information about each Plaintiff and each Class member, in precisely the same manner, each and every time they purchased an App,” the plaintiffs continue. “If ever a case were ideal for class certification, it is this.”

According to the Google privacy class action lawsuit, Google shared the names, email addresses and location information of Android users with the third-party app developers. Android users who purchased apps through the Android Market and/or Google Play were allegedly not given an option to decline to have their information disclosed to the developers.

According to the plaintiffs, Android users’ information is valuable because it can be used to create targeted advertisements and generate other forms of revenue for Google and the app developers. This allegedly harms consumers because they lose the ability to sell their personal information. Further, once their information is shared, it is out of their control (and Google’s control) and they are allegedly at increased risk of theft of that information.

The plaintiffs propose a Class definition that would include “all persons and entities in the United States who purchased at least one paid Android application through the Android Market and/or Google Play Store between Feb. 1, 2009 and May 31, 2014.” A hearing has been scheduled for June 9, 2015, at which point U.S. District Judge Paul Singh Grewal will determine whether or not to grant certification to the Google privacy class action lawsuit.

Google has vigorously fought the litigation, which was initiated in 2012 following a change in Google’s privacy policy. Although the Google privacy class action lawsuit was trimmed substantially, Google has been unable to get it dismissed in its entirety.

The plaintiffs are represented by L. Timothy Fisher of Bursor & Fisher PA; Mark C. Gardy, James S. Notis and Orin Kurtz of Gardy & Notis LLP; James J. Sabella, Diane Zilka and Kyle McGee of Grant & Eisenhofer PA; James E. Cecchi of Carella Byrne Cecchi Olstein Brody & Agnello PC; Richard S. Schriffin of the Law Offices of Richard S. Schiffrin LLC; Michael Schwartz of James Schwartz & Associates PC; and Martin S. Bakst of the Law Offices of Martin S. Bakst.

The Google Android Privacy Class Action Lawsuit is In re: Google Inc. Privacy Policy Litigation, Case No. 5:12-cv-01382, in the U.S. District Court for the Northern District of California.