Claims Google Harvests Third-Party App Data from Android Users Headed To Arbitration

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Google, Android User Data Harvesting Class Action Lawsuit Overview: 

• Who: A class action lawsuit alleging Google illegally harvested the third-party app data of Android phone users is headed to arbitration.
• Why: A magistrate judge determined that the plaintiff in the class action lawsuit was using a phone subject to an arbitration provision.
• Where: The class action lawsuit was filed in California federal court.

A class action lawsuit alleging Google unlawfully harvests Android users’ third-party app data is headed to arbitration after it was discovered the plaintiff was using a phone bound by arbitration provisions. 

Lead plaintiff Robert McCoy claimed in an August 2020 class action lawsuit that Google used the sensitive data of its customers to gain a marketplace advantage over other apps such as Facebook, Instagram, and TikTok.

Google Discovers Arbitration Provision in Class Action Plaintiff’s Android Agreement

Google pushed for arbitration after it discovered that McCoy was using an Android smartphone — a Google Pixel 3a XL —  that is bound by an arbitration provision. Originally, it was believed that McCoy was using a Pixel XL smartphone, which is not subject to such provision, reports Law360. 

McCoy also later switched to a Google Pixel 5, which also has an arbitration provision, according to an order by a magistrate judge. 

“Upon verifying that Plaintiff had consented to individual arbitration in purchasing both his Pixel 3a XL and Pixel 5, Defendant sent Plaintiff a letter asking him to dismiss this action in favor of arbitration,” the magistrate said. 

The magistrate judge also denied a request from android users to get leave in order to file what would have been a third version of the complaint. 

“The court finds that plaintiff cannot satisfy the heavy burden of demonstrating that defendant had knowledge of an existing right to compel arbitration, given plaintiff’s continuous representations in the complaint, (first amended complaint), and the initial disclosures which put defendant on notice, erroneously, that plaintiff was using a Google Pixel XL smartphone,” the magistrate said. 

Each arbitration hearing will be conducted individually, according to the order, meaning McCoy will only be representing himself while arguing his claims. 

Google recently appealed a $2 billion class action lawsuit earlier this month over claims it targets Android users with large, unauthorized advertisements on its website.

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The plaintiff is represented by Robert C. Schubert and Willem F. Jonckheer of Schubert Jonckheer & Kolbe LLP, and Christian Levis, Amanda Fiorilla, Anthony M. Christina, and Henry Kusjanovic of Lowey Dannenberg PC. 

The Google Third-Party App Data Class Action Lawsuit is McCoy v. Alphabet Inc., et al., Case No. 5:20-cv-05427, in the U.S. District Court for the Northern District of California.

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