Christina Spicer  |  September 27, 2016

Category: Consumer News

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Google-GmailA class action lawsuit alleging Google invaded users’ privacy by scanning their emails for marketers was trimmed by a California federal judge.

The class action lawsuit alleged that Google scanned its users’ sent and received emails in order to target ads to those users, all without consent.

Additionally, the class action plaintiffs alleged that even non-Google email, or Gmail, users were targeted.

Google intercepted and scanned emails going into Gmail accounts as well, according to the plaintiffs.

The class action lawsuit alleged that Google violated the Wiretap Act as well as California’s Invasion of Privacy Act when it intercepted emails.

U.S. District Judge Lucy Koh trimmed the class action lawsuit, pointing out that there was no risk for future injury since Google had stopped intercepting emails sent or received from Google Apps for Education users in 2014.

However, the judge did not dismiss all of the claims against Google.

Judge Koh noted that the plaintiffs may still establish that they have a right to sue if they can show that they suffered a “concrete” harm that is “real” and “not abstract.”

“Here, Plaintiff asserts that Google intercepted, scanned, and analyzed Plaintiff’s communications in violation of the Wiretap Act and CIPA,” said Judge Koh in her order. “As recognized by the Third Circuit and other courts, and as seen in the common law invasion of privacy tort, such unauthorized interception of communications may give rise to a legally cognizable injury.”

Judge Koh also noted that three factors weighed in favor of a finding that the class action plaintiffs suffered an injury and that both the Wiretap Act and CIPA create a right to privacy in wire communications.

While Judge Koh trimmed the class action’s claim for an injunction, the judge retained claims based on the Wiretap Act.

According to the class action complaint, Google never got permission to scan emails.

The plaintiff said that scanning the emails would be like the US Postal Service going through mail or a phone company listening in on phone calls.

The plaintiff proposes to represent those from California who don’t have a Gmail account, but who sent emails to those with Gmail accounts.

Judge Koh refused to dismiss the case earlier this year. Google had argued that scanning and selling information was the only way they could afford to offer Gmail services to users for free.

The class action lawsuit was put on hold earlier in the year awaiting a Supreme Court decision in a case against Spokeo, which marketed itself as a “people search engine.”

Judge Koh noted that the Supreme Court’s decision in that case would help define standing requirements for the class action against Google.

The plaintiff is represented by Michael W. Sobol, Nicole D. Sugnet and Michael Levin-Gesundheit of Lieff Cabraser Heimann & Bernstein LLP, Hank Bates of Carney Bates & Pulliam PLLC and Ray E. Gallo and Dominic R. Valerian of Gallo LLP.

The Google Privacy Class Action Lawsuit is Daniel Matera v. Google Inc., Case No. 5:15-cv-04062, in the U.S. District Court for the Northern District of California.

UPDATE: On Dec. 13, 2016, a proposed Gmail class action settlement would provide users of Google’s email service with no damages but would preserve their right to bring their own claim later.

UPDATE 2: On July 21, 2017, Google reportedly reached a revised $2.2 million email scanning settlement after a California federal judge rejected the original proposed class action settlement earlier this year.

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16 thoughts onGoogle Privacy Class Action Moves Forward With Fewer Claims

  1. michael andersen says:

    Please included me ,
    Mta930@gmail.com
    Michael Andersen

  2. michael andersen says:

    Please included me Michael Andersen,mta930@gmsil.com

  3. Top Class Actions says:

    UPDATE 2: On July 21, 2017, Google reportedly reached a revised $2.2 million email scanning settlement after a California federal judge rejected the original proposed class action settlement earlier this year.

  4. Top Class Actions says:

    UPDATE: On Dec. 13, 2016, a proposed Gmail class action settlement would provide users of Google’s email service with no damages but would preserve their right to bring their own claim later.

  5. Gina says:

    Please include me

  6. Ginger Smith says:

    Please include me!

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