Google Chrome Users Ask Judge to Certify Class Action Claiming Google Illegally Collects Browser Data

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Google Chrome Privacy Class Action Lawsuit Overview:

• Who: Google Chrome users have filed a class action lawsuit against Google, LLC.
• Why: Google Chrome users are asking a judge to certify their class action lawsuit alleging Google broke its contract with customers regarding data privacy.
• Where: Nationwide

Six named plaintiffs in the Google Chrome class action lawsuit filed a motion to support certifying the Class on Oct. 14 in a California federal court, saying the proposed Class is “easily certifiable.” 

The class action alleges that Google unlawfully collects the personal data of Google Chrome users without enabling the “sync” function, even though it explicitly tells customers it won’t, the class action lawsuit alleges.

They claim that Google promises Chrome users that they don’t need to provide any personal information to use Chrome and that the personal information that Chrome stores won’t be sent to Google unless you turn on “syncing.” 

“The default is that Chrome will not send and Google is not permitted to collect users’ personal information unless the user finds the Sync toggle and enables it,” the class action alleges. Thus, no action should be needed for the promised privacy protections to apply. 

Google Admits They Collect Data From Chrome Users Who Have Not Enabled Sync, Class Action Lawsuit Claims

However, despite these promises, Google admits that it does collect and use data from Chrome users who have not enabled sync, and that it won’t stop, the lawsuit alleges. 

“Instead of ceasing collection or clarifying disclosures, Google argues that its multiple privacy policies, which vaguely disclose data collection, override its specific contractual promises to the contrary,” the plaintiffs say.

They claim the court has already rejected this argument in similar case law. They also point out that Google may argue individual Chrome users cannot complain about data collection if they fail to employ “privacy protections,” such as third-party cookie blockers. 

However the plaintiffs don’t agree with this argument. 

“This is akin to a thief criticizing the victim for failing to use a second lock. Google’s argument is without merit,” they argue.

The plaintiffs are suing for breach of contract, breach of the implied covenant of good faith and unfair dealing, intrusion upon seclusion, statutory larceny, violation of the California Unfair Competition Law and violation of the California Invasion of Privacy Act. 

They’re looking to represent all Google Chrome users in the United States who did not enable “Sync” while browsing the web using Chrome or who disabled “Sync” while browsing using Chrome at any time between July 27, 2016 to the present. 

This isn’t the first time Google has faced class action litigation. In 2020, Google agreed to a $7.5 million class action settlement resolving allegations that the now defunct Google+ social networking platform exposed users’ private profile data to third-parties.

Have you used Google without enabling sync, thinking your information was being kept private? What do you think of the claims in this class action lawsuit? Let us know in the comments.

The plaintiffs are represented by Lesley Weaver, Angelica M. Ornelas and Joshua D. Samra of Bleichmar Fonti & Auld LLP, David A. Straite, Amy Keller, Adam Prom and Sharon Cruz of DiCello Levitt Gutzler LLC and Jay Barnes, An Truong and Eric Johnson of Simmons Hanly Conroy LLC.

The Google Chrome Privacy Class Action Lawsuit is Patrick Calhoun et al. v. Google LLC, Case No. 5:20-cv-05146, in the U.S. District Court for the Northern District of California.

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