Google Android Smartphone Privacy Class Action MDL Dropped

A privacy class action lawsuit filed against Google Inc. by Android smartphone users alleging that its Android mobile operating system violated their privacy was dropped against the internet giant Friday.

The reason why the plaintiffs decided to dismiss the Google Android multidistrict litigation (MDL) was not explained in the Stipulation of Dismissal and Order Granting Dismissal filed on Sept. 22 in the U.S. District Court in the Northern District of California, Oakland Division.

All that was stated was that “each party [is] to bear its own costs.” And that “no financial or other consideration to plaintiffs or plaintiffs’ attorneys has been paid or otherwise agreed to in exchange for this dismissal.”

The stipulation was signed by U.S. District Judge Jeffrey White of the California federal court on Friday.

“All remaining constituent actions, along with this consolidated Multidistrict Litigation Action, are dismissed with prejudice with each party bearing their own costs,” Judge White wrote.

There were eight different Android privacy class action lawsuits consolidated in the MDL with Judge White presiding. The plaintiffs named in the Android Google MDL are Beverly Levine, Phillip Hall, Joan Smith, Kendrick Cochran, Maritsa Urias, and Nicholas Lawrence.

Allegations that Google’s Android operating system violated the Computer Fraud and Abuse Act were dismissed in March by the California federal judge for the second time.

He said that the amended class action lawsuit still had not made the case that damages met the required $5,000 minimum.

Even though the plaintiffs claimed that they only had a limited use of their data plans “allowed” by Google, Judge White explained that there weren’t any overage charges incurred, according to the plaintiffs’ class action lawsuits.

They only claimed that they could have potentially been forced to pay overage charges. Such alleged losses did not violate the Consumer Fraud and Abuse Act, he said.

The other allegation dismissed at that time was Google’s alleged violation of California’s Unfair Competition Law.

The Google Android class action lawsuit was first filed in 2011, alleging Google along with some Android phone application developers such as Pandora Media Inc., the maker of the popular music app, was taking the private information of Android smartphone users and sending it to third-party advertisers without first getting permission from its customers.

In a case management order filed in August, Google had said that the plaintiffs did not meet the standing requirement needed for their theory of harm to work.

There were no comments offered by either party in the Android Google class action lawsuit.

Google is represented by David H. Kramer, Michael H. Rubin, Evan M. W. Stern and Brian M. Willen of Wilson Sonsini Goodrich & Rosati PC.

The plaintiffs are represented by William Audet and Jonas P. Mann of Audet & Partners LLP and Robert K. Shelquist of Lockridge Grindal Nauen PLLP, among others.

The Google Android MDL is In re: Google Android Consumer Privacy Litigation, Case No. 3:11-md-02264, in the U.S. District Court for the Northern District of California, Oakland Division.