Plaintiffs in Google class action urge sanctions for allegedly destroying data

Google data class action lawsuit overview:

• Who: Class members urged a California federal judge to impose sanctions on Google for allegedly destroying data it was ordered to produce.
• Why: They allege Google should be sanctioned and held in contempt for violating court orders.
• Where: The Google class action lawsuit was filed in California federal court. 

Google Inc. should be sanctioned and held in contempt for allegedly destroying evidence in a Google class action lawsuit challenging the tech giant’s ad auction practices, a putative class told a California federal judge.

The class members claim Google willfully violated court orders last year requiring Google to produce the plaintiffs’ real-time bidding (RTB) ad auction data. 

They argue Google has “fought tooth and nail” since the Google data class action was filed in March 2021 to “withhold evidence plaintiffs need to show that Google does, as a matter of course, routinely link RTB bid request information with corresponding Google accounts,” while assuring the court that it is taking steps to preserve the relevant data.

Google concealed data destruction, class claims

Google “willfully and knowingly” destroyed evidence and concealed the destruction from the court and plaintiffs, the plaintiffs claim in their contempt motion. This destruction was particularly egregious because it took place after a court order in 2023 specifically required Google to produce the data.

“Google has not claimed that this was an inadvertent failure, nor has Google offered to mitigate or find some other way to get plaintiffs the data they are entitled to under the court’s orders,” the class members argue. “Nor did Google bring this to the court’s attention and ask for forgiveness.”

“This is notable given the number of times Google has been sanctioned in for discovery abuses in this district,” the motion says.

The Google data class action alleges Google user data was routinely sold and shared in RTB auctions in violation of Google’s own privacy policy and California law. The plaintiffs claim Google sent personal information that could reasonably be linked to individual consumers or households.

A hearing for the Google class action lawsuit is scheduled for May 28.

Earlier this year, an appeals court dismissed a separate Google class action lawsuit alleging the tech giant reaped more than $1 billion in free advertising by placing ads on Android devices.

Do you think Google should be sanctioned for allegedly destroying data it was ordered to provide for the Google class action lawsuit? Join the discussion in the comments.

The class members are represented by Elizabeth C. Pritzker, Jonathan K. Levine, Bethany Caracuzzo and Caroline Corbitt of Pritzker Levine LLP.

The Google data class action lawsuit is In re: Google RTB Consumer Privacy Litigation, Case No. 4:21-cv-02155-YGR, in the U.S. District Court for the Northern District of California, San Jose Division.

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