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According to a recent class action lawsuit, Google tracking is a “dirty little secret” built into the operating system of Android phones.
Plaintiffs Joseph Taylor, Edward Mlakar, Mick Cleary and Eugene Alvis say Google unfairly used their cellular data to track their information. This location data — which poses a real cost to the plaintiffs and other consumers — is allegedly used by Google to generate billions in annual profits.
Google reportedly accomplishes this through the Android operating system it designed. Without any action from Android device owners, their cellphones allegedly use cellular data to transfer information to Google about location data.
According to the plaintiffs, this occurs at all hours of the day — even if users take the time to move Google apps to the background, close these programs or disable location sharing.
The Google tracking class action lawsuit notes this data transmission could easily be delayed until Android users are connected to Wi-Fi. However, the plaintiffs say, Google ignored this fact and instead “deliberately” coded the Android operating system to use costly cellular data to passively transfer location data at all times.
“Google effectively forces these users to subsidize its surveillance by secretly programming Android devices to constantly transmit user information to Google in real time, thus appropriating the valuable cellular data users have purchased,” the Google tracking class action lawsuit contends.
“Google does this, in large measure, for its own financial benefit, and without informing users or seeking their consent.”
This Google tracking scheme allegedly causes financial damage to consumers by appropriating the cellular data Android users have paid for.
With passive use, the system allegedly transfers 4.4 MB of data a day, or 130 MB of data each month, to Google servers. With active use, around 11.6 MB of data is reportedly transferred to Google each day — amounting to around 350 MB each month.
These figures are allegedly much lower for iPhone operating systems, transferring around one-sixteenth of the amount of data with passive use and one-half of the data with active use.
Most users pay a monthly fee for either a set amount or an unlimited line of cellular data.
Even with unlimited data, a data usage threshold may be associated with speed restrictions or even fines.
Despite not paying monthly fees for the cellular allowances, Google allegedly interferes with this property for its own benefit.
To make matters worse, Android users such as the plaintiffs allegedly have no say in the costly scheme and are powerless to stop it.
The plaintiffs claim that, despite them never providing consent, Google designed the Android operating system in a way that makes this constant, costly data sharing “mandatory and unavoidable burdens.”
Google’s terms and services and other policies allegedly support this scheme by purportedly creating binding contracts. The plaintiffs challenge the validity of these contracts, noting users such as themselves have no choice but to agree to the terms and policies if they wish to use their purchased Android devices.
“Even if Google’s policies and terms of service are valid contracts, they do not alert users that Android devices will needlessly consume their cellular data allowances,” the Google tracking class action lawsuit claims.
“While Google informs the users of certain transfers of personal information when they are actively engaged with their devices, its extensive ‘privacy’ policies are silent on mandatory, passive information transfers and the means by which they occur.”
According to the plaintiffs, the Google tracking data is used to tailor ads that are targeted to the phone users. These ads are reportedly preloaded using further cellular data.
In their class action lawsuit, the plaintiffs contend Google must compensate them and a proposed Class for the fair market value of the data used in addition to the value of their personal location used by the company to turn a profit.
The Android users seek to represent a Class of Android users — excluding citizens of California — who used their mobile device to access the internet using cellular data from their provider.
Do you have an Android phone? Are you worried about Google tracking your location without your consent? Share your thoughts in the comment section below.
Plaintiffs and the proposed Class are represented by Ann Ravel of McManis Faulkner; Glen E. Summers, Karma M. Giulianelli and Alison G. Wheeler of Bartlit Beck LLP; and George A. Zelcs, Robert E. Litan, Ryan Z. Cortazar, Michael E. Klenov and Karol O’Keefe of Korein Tillery LLC.
The Google Tracking Class Action Lawsuit is Joseph Taylor, et al. v. Google LLC, Case No. 5:20-cv-07956, in the U.S. District Court for the Northern District of California.
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928 thoughts onGoogle Tracking Hijacks Cellular Data, Class Action Lawsuit Claims
Add me please I noticed they’re always asking about places I’ve just been & wanting information on several places I passed on the way to my destination also.
Can you please add Me Kimberly Paulson and my husband Brian Paulson and his brotherRandy Gross
Add me please, I notice that all the time when I go out I’m asked about places that I’ve passed enroute to my destination as well as my actual destination & the app asks me about doctors in the building also will ask you to give a rating etc. This is very intrusive to me. You can turn it off but it won’t stay that way. What are we to do?
Please add me. I’ve tried and tried to turn off my location, however it turns itself right back on every time. If I wanted to be followed… I should be able to turn it on if I choose too. After all I bought the phone, you should be able to add the apps you choose on it. Not forced to have apps already programed into a brand new phone, that aren’t able to even Delete. Frustrating
Add me
We as American citizens are entitled to the right of privacy. I feel as if my civil rights were violated when I can’t exercise my right to privacy. I feel completely violated! I too have experienced an excessive amount of data used. I ln the past I only had 3 gigs per month. I couldn’t make it less than two weeks before I had to top up my data because my data was out. So therefore now I know what I was telling my carrier was true. They were conning me out of my data so I would have to pay more money each month. Yes please add me to the list! Thanks
Please add me
Please add me
Oh yes…I turn my location off and sometimes I see it randomly flashing on with no application requesting location service.
Please add me.
Please, please include me in this. I was stalked by an ex & his friends which led to my having to move to another town far from where I lived. Despite all my efforts to make sure my location was hidden (turned off location services, location history & find my phone, etc.) I continued to be located & harassed. I’m certain that the actions of google aided or allowed for my location to be seen which put my life in danger. I have all documents needed to substantiate what happened.