Google lawsuit over H&R Block tax monitoring to move forward

Update: 

• A California federal judge gave an Illinois woman the green light to proceed with a class action lawsuit alleging Google unlawfully wiretapped electronic communications on major online tax filing websites, including H&R Block, TaxAct and TaxSlayer.
• On June 3, U.S. District Judge P. Casey Pitts denied a motion to dismiss the case, saying Google’s argument that customers consented to the tax sites’ use of its tracking tool lacked merit. 
• Plaintiff Mary L. Smith claims consumers have been unknowingly transmitting their sensitive financial information to Google when filing their taxes online through Google Analytics and its embedded tracking pixel, which the company is alleged to have installed on the tax-filing websites.

Google tax class action lawsuit overview: 

• Who: Mary L. Smith filed a class action lawsuit against Google LLC. 
• Why: Smith claims Google uses its tracking pixel to unlawfully collect sensitive private information from individuals who use online tax-filing services such as H&R Block, TaxAct and TaxSlayer. 
• Where: The class action lawsuit was filed in California federal court.

(July 20, 2023)

Google has been unlawfully wiretapping electronic communications on major online tax filing websites, including H&R Block, TaxAct, and TaxSlayer, among others, a new class action lawsuit alleges. 

Plaintiff Mary L. Smith claims consumers have been unknowingly transmitting their sensitive financial information to Google when filing their taxes online, as a result of the alleged wiretapping. 

Smith argues Google is sent the private tax return information of consumers through Google Analytics and its embedded tracking pixel, which the company is alleged to have installed on the tax filing websites.

“These pixels sent massive amounts of user data to Google to improve its ad business and other business tools,” the Google class action states. 

Smith wants to represent a nationwide class and Illinois class of all persons who used an online tax service provider — such as H&R Block, TaxAct, or TaxSlayer — that had the Google pixel installed on their website. 

Google knew its technology would be used to ‘illegally intercept’ electronic communications, says class action

Smith argues Google is effectively aiding and abetting in an unlawful disclosure of tax-return information, prior to allegedly illegally inspecting it.

“Defendant manufactured, marketed, and sold its technology with knowledge that it would primarily be used to illegally intercept electronic communications,” the Google class action states. 

Smith claims Google is guilty of intrusion upon seclusion and invasion of privacy, and of violating the Federal Wiretap Act and the California Invasion of Privacy Act. 

Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of statutory damages for herself and all class members. 

A similar class action lawsuit was filed against Meta Platforms late last year over claims online tax-filing services were sending the company the sensitive financial information of customers without their consent. 

Have you used an online tax-filing service such as H&R Block, TaxAct or TaxSlayer? Let us know in the comments! 

The plaintiff is represented by Joel D. Smith of Bursor & Fisher PA; Lori G. Feldman of George Feldman McDonald PLLC; Rebecca A. Peterson, Robert K. Shelquist and Kate M. Baxter-Kauf of Lockridge Grindal Nauen PLLP; Marshal J. Hoda of The Hoda Law Firm PLLC; and Patrick Yarborough of Foster Yarborough PLLC. 

The Google tax class action lawsuit is Smith v. Google LLC, Case No. 5:23-cv-03527, in the U.S. District Court for the Northern District of California.

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