Google privacy class action to proceed to trial

Update: 

• A California federal judge allowed a class action that accuses Google of secretly tracking the browsing activity of individuals who use third-party apps to proceed. 
• On Dec. 7, Chief Judge Richard Seeborg denied Google’s motion to dismiss the claims against it, ruling reasonable users could view Google’s conduct as “highly offensive.”
• Google argued it adequately disclosed how its Web & App Activity settings worked and that users consented to the tracking.
• However, Judge Seeborg says Google knew its disclosures were ambiguous and fielded concerns from several employees on the issue.

Google tracking class action lawsuit overview: 

• Who: A class action lawsuit filed against Google LLC by a group of consumers has been certified by a California federal judge. 
• Why: The consumers claim Google secretly tracked the browsing activity of its account holders while they were using third-party apps the company provides services for. 
• Where: The Google web activity lawsuit was filed in California federal court. 

(Jan. 10, 2024)

A federal judge in California has granted class certification to a group of consumers who accuse Google of secretly tracking the browsing activity of individuals who use third-party apps it provides services for. 

The judge, in certifying the class, rejected Google’s argument that the consumers’ claims were “inherently personal,” ‘highly individualized” and “typically unsuitable for class treatment.” 

“As to the uniform conduct of the class, the actual damages model does, in fact, account for class-wide attitudes and Google’s class-wide alleged wrongdoing,” the judge ruled. 

The judge ruled the class members also shared “at least one uniform attitude related to privacy,” as evidenced by their “uniform conduct of switching (Web & App Activity)/(supplemental Web & App Activity) off.” 

More than 100 million Google account holders part of two certified classes

The judge certified two nationwide classes totaling more than 100 million Google account holders, including an Android user class and another class of non-Android users. 

The class of Android users consists of third-party app users who claim Google falsely told them they would be able to control whether Google saved data related to their activity on non-Google apps via its Web & App Activity button. 

The class of non-Android users, meanwhile, consists of third-party app users who argue they had their browsing activity sent to Google despite having the WAA setting turned off on their mobile devices, according to the Google web activity lawsuit. 

“It is unreasonable for Google to expect, as it does, that users must also stop using the many apps on their phone, after selecting WAA to be off, to show a lack of consent,” the judge writes.

Google agreed to a settlement late last month that will resolve claims it secretly tracked the internet searches of millions of users who were under the belief they were browsing privately using the Chrome Incognito browser.

Have you had your browsing activity tracked by Google without your consent? Let us know in the comments.

The plaintiff is represented by Beko Reblitz-Richardson, Mark Mao, James Lee, Josh Stein and Logan Wright of Boies Schiller Flexner LLP, John A. Yanchunis of Morgan & Morgan PA and Ryan Sila of Susman Godfrey LLP.

The Google tracking class action lawsuit is Rodriguez, et al. v. Google LLC, et al., Case No. 3:20-cv-04688, in the U.S. District Court for the Northern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

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