Google class action over Android lockbox violations permanently dismissed

Update: 

• A California federal judge permanently dismissed a class action filed by two Android smartphone users against Google alleging the company violates Android users’ privacy. 
• On Dec. 1, U.S. District Judge Charles R. Breyer dismissed Plaintiffs Marie Hammerling’s and Kay Jackson’s claims with prejudice after they submitted an amended complaint that Breyer says failed to “cure the deficiencies outlined in the Court’s prior order.” 
• The plaintiffs alleged that Google’s internal Android Lockbox program monitors and collects users’ data through non-Google apps without their knowledge or consent.

• Judge Breyer pointed out that Google discloses that it uses such data to develop new products and compete with other companies.

Google Android Lockbox Class Action Lawsuit Overview:

• Why: The plaintiffs allege that Google failed to obtain their consent before collecting their personal data. 
• Who: Two Florida residents who use Android smartphones are suing Google.
• Where: The class action lawsuit was filed in California federal court.

(Nov. 24, 2021)

Two Android smartphone users are suing Google for violating users’ privacy. Google’s internal Android Lockbox program monitors and collects users’ data through non-Google apps supposedly without their knowledge or consent. 

The lead plaintiffs are Marie Hammerling and Kay Jackson, both of whom have owned several Android smartphones since 2014 and used non-Google apps on their phones. 

The plaintiffs claim that “at no point before, after, or during the time of purchase” of their Android phones were they informed that Google would collect their individual sensitive personal data, nor did they give consent for such collection. 

Hammerling and Jackson seek to represent a nationwide class of anyone who used an Android smartphone from at least Jan. 1, 2014 through the present. The class action lodges complaints of privacy violations, breach of contract and implied contract, and violations of several state and federal laws.

Google Used Android Lockbox to ‘Spy’ on Users and Undercut Rivals, Class Action Lawsuit Claims

In The Information’s report, Google claimed its data collection was done with users’ consent and in order to “offer a more personalized experience.” However, the complaint claims that nowhere in the Android setup process or Google’s Privacy Policy does Google explain, disclose, or obtain consent regarding its monitoring and collection of personal data from the use of non-Google apps. 

Further, Google does not use the data for users’ personalized benefit, but rather to develop its own similar competing apps, the class action contends. Google abuses its power — the control of over 75% of operating systems (OS) with over 2.5 billion consumers using Google’s Android OS — to “unlawfully monitor, collect, and disclose [users’ personal data] in order to obtain an unfair advantage over its competitors,” the complaint claims. 

Indeed, a 2019 Congressional investigation into Google (along with other major tech companies) concluded that “Google has used Android to… undermine competition,” especially with Android Lockbox. During the investigation, Sundar Pichai, the chief executive officer of Google, acknowledged that Google used Android Lockbox to monitor the “popularity of apps,” such as Facebook, Instagram, and TikTok, but did not concede the extent of the collected data. 

The plaintiffs seek statutory, actual, compensatory, consequential, punitive, and nominal damages; pre-judgment and post-judgment interest; attorney’s costs; and injunctive and equitable relief. 

Have you ever used non-Google apps on an Android smartphone? Let us know your take in the comments section below!

The plaintiffs are represented by Robert C. Schubert and Willem F. Jonckheer of Schubert Jonckheer & Kolbe LLP and Christian Levis, Margaret MacLean, and Amanda Fiorilla of Lowey Dannenberg, P.C.

The Google Android Lockbox Class Action Lawsuit is Hammerling, et al. v. Google LLC, Case No. 5:21-cv-09004, in the US District Court for the Northern District of California

Read About More Class Action Lawsuits & Class Action Settlements:

• Claims Google Harvests Third-Party App Data from Android Users Headed To Arbitration
• Consumer Financial Protection Bureau Wants More Info on Facebook, Amazon and Google’s Payment-related Systems and Products
• Google May See End to Play Store Loot Boxes Class Action Lawsuit