Google Says Class Action Lawsuit Plaintiffs Consented to Data Collection

Google claims Android users who filed a data-sharing class action lawsuit consented to the collection and use of their personal information by the tech giant.

Lead plaintiff Robert McCoy alleged in his class action lawsuit filed in August that Google used his and others’ smartphones to collect their personal information without “meaningful” permission.

The complaint alleges that although Android users agree to “Terms of Service” when signing up, the agreement does not meaningfully describe how their data will be used by Google.

According to the plaintiff, Android users’ data, including time they spend on “non-Google” apps, is collected and then analyzed by Google employees to gain an unfair advantage on competing products, such as TikTok. He says he and other users do not meaningfully consent to this type of use of their information.

In response, Google argues that the entire class action lawsuit should be tossed because the plaintiff agreed to its Terms of Service.

Specifically, in its recently filed motion to dismiss, Google says the plaintiff and all Android users consented to the data sharing and that the class action lawsuit’s allegations should be dismissed based on a “plain reading” of the company’s Terms of Service.

“Plaintiff Robert McCoy’s Complaint is a tangle of internally inconsistent and insufficiently pleaded allegations,” Google’s motion states. “At the core of the Complaint, however, is the charge that Google ‘secretively’ collects information about how users on the Android platform interact with third-party apps. But the Complaint acknowledges that this is a practice that Google discloses through its Privacy Policy and for which it obtains users’ consent.”

In its motion, Google points out that Android users have the option to share data regarding the use of non-Google apps with the tech giant or not. Google says the plaintiff has not shown how users are not provided the opportunity to consent to data collection for its app and other product development.

“Having consented to Google’s Privacy Policy, McCoy cannot now claim injury from conduct explicitly disclosed in that policy,” Google argues.

Google’s motion asks the court to dismiss the class action lawsuit’s privacy claims. Google argues the plaintiff failed to establish even a “bare privacy violation” and cannot meet the “high bar” required to establish a claim under California privacy laws.

“Because Google discloses that it may collect information regarding user activity on third party apps, Google has not, under the circumstances, intruded upon any user’s reasonable expectation of privacy in that information, and it certainly has not done so in a manner ‘highly offensive to a reasonable person,’” the motion to dismiss asserts.

Further, the tech giant says the class action lawsuit’s claims of fraud should be tossed because Google does not make any false or fraudulent statements to Android users.

Google argues that its Privacy Policy outlined in the Terms of Service “expressly discloses” that it collects user data and, thus, any claims that the company attempted to deceive users or otherwise made false claims should not stand.

Google also argues the plaintiff’s claim that the company violated any contract with its users should fail because the class action lawsuit does not point out any violation of Android users’ Terms of Service.

“Although McCoy baldly alleges that Google does not disclose that it collects data to help develop its own services, Google’s Privacy Policy explains in a section entitled ‘Why Google Collects Data’ that Google uses ‘data to build better services,’” Google’s motion to dismiss contends. “The Privacy Policy elaborates that building ‘better services’ includes using data to ‘maintain & improve our services,’ ‘develop new services,’ ‘provide personalized services, including content and ads,’ ‘measure performance,’ and ‘protect Google, [its] users, and the public.’”

Google argues that the class action lawsuit has failed to point out any violation of these privacy policies by the company and that it is not in breach of contract with any Android user.

Originally, the class action lawsuit named Alphabet Inc., Google’s parent company, as a defendant as well. Reportedly, Alphabet has since been dropped from the case.

Are you an Android user? Do you think Google had the right to share your data? We want to know what you think. Tell us in the comment section below.

The plaintiff and Class Members are represented by Robert C. Schubert and Willem F. Jonckheer of Schubert Jonckheer & Kolbe LLP and Christian Levis, Amanda Fiorilla, Anthony M. Christina and Kenry Kusjanovic of Lowey Dannenberg PC.

The Android Users Data Sharing Class Action Lawsuit is Robert McCoy v. Alphabet Inc., et al., Case No. 5:20-cv-05427, in the U.S. District Court for the Northern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

Google Again Asks Court to Throw Out Users’ Location Tracking Lawsuit

Ring Video Doorbells Class Action Alleges Privacy Law Violations

Out of State Parties & Phone Recording: Does CIPA Still Apply? 

Uber Sexual Assault, Lyft Driver Rideshare App Lawsuit Investigation