Google Class Action Says Customers Charged for Data It Didn’t Provide

A class action lawsuit says Google unfairly charged users for data services it didn’t provide.

Plaintiff Gordon Beecher alleges in his class action lawsuit that Google promised its mobile service customers that they would only be charged for the data services they used; however, the plaintiff says he and others were billed beyond that use for data that was provided by other services and free wifi.

The plaintiff says he purchased Google’s pay-as-you-go mobile services in August 2017 and continues to use the service. Google advertised rates of $10 per gigabyte, according to the Google class action lawsuit. Customers can pre-pay or pay additionally for any data used. The plaintiff says that he was shocked when he had to pay overcharges amounting to more than $200 for the first three months he used the Google mobile service.

According to the complaint, Google uses “Project Fi” to track mobile data use by its customers. The plaintiff says that customers were told that they would only be billed for service provided through Project Fi and its affiliates, but Google actually billed customers for all of their data use.

“Google takes credit, and bills customers, for data delivered over the customers’ home networks and public wi-fi connections that are available to the customer independent of Google and its mobile data partners,” alleges the Google class action lawsuit. “Google bills users for data obtained through alternate connections even if Google is not providing access to that data service and in many cases the customers are paying the third parties who actually provide the service.”

The Google class action lawsuit alleges that Google advertised its mobile service as simple and that users could save if they didn’t use all of their data each month. The plaintiff says that Google’s mobile service website said that users would be able roll over unused data into the next month. The complaint alleges that Google’s advertising told consumers that the service would run about $30 a month – $20 for talk and text and another $10 for one gigabyte of data.

“Google has received complaints from other customers who were billed for data not provided by Google, and despite knowing of the problem for many months, Google has failed to rectify it,” alleges the Google class action lawsuit.

The plaintiff argues that Google violates California law when it bills for services not provided by Project Fi or its affiliates.

“When a consumer pays separately for home wi-fi service or obtains free wi-fi service from an open connection, Google by its own admission cannot take credit and bill for it,” points out the Google class action lawsuit.

The plaintiff seeks to represent a Class of consumers who purchased Google mobile services. The plaintiff is seeking compensation from Google as well as injunction against the tech giant stopping them from billing for data not provided through Project Fi.

Beecher is represented by Shana E. Scarlett, Robert B. Carey, and John M. DeStefano of Hagens Berman Sobol Sharpiro LLP, and Jonathan Negretti of Negretti & Associates PLC.

The Google Mobile Services Overcharge Class Action Lawsuit is Beecher v. Google North America Inc., Case No. 5:18-cv-00753, in the U.S. District Court for the Northern District of California, San Jose Division.