Google failed to convince a federal judge to dismiss a privacy class action lawsuit accusing the tech giant of unlawfully collecting personal data from users’ mobile devices after they had switched off a setting intended to stop such tracking. The decision clears the way for a potential jury trial set for August 18.
Chief Judge Richard Seeborg of the U.S. District Court in San Francisco rejected Google’s arguments that it had sufficiently disclosed the functionality of its “Web & App Activity” settings and that users had consented to the data collection. The lawsuit, which began in July 2020, alleges that Google violated user privacy and a California law against unauthorized computer access by saving browsing histories without consent.
In a 20-page ruling issued Tuesday, Judge Seeborg stated that reasonable users might find Google’s practices “highly offensive.” He highlighted internal communications suggesting the company intentionally maintained ambiguity in its disclosures about data collection, both within and outside Google accounts, due to concerns that full transparency might alarm users.
The judge acknowledged, however, that Google employees could have been genuinely trying to improve the company’s services. “Whether Google or plaintiffs’ interpretation prevails is a triable issue of fact,” Seeborg wrote, signaling that the matter should be decided by a jury.
Google, a unit of Alphabet Inc., defended its practices in a statement on Wednesday, calling the allegations a “deliberate attempt to mischaracterize the way our products work.” The company added, “Privacy controls have long been built into our service. We will continue to make our case in court against these patently false claims.”
Lawyers for the plaintiffs did not immediately respond to requests for comment.
The case, Rodriguez et al v. Google LLC (No. 20-04688), underscores ongoing concerns about data privacy and user consent. In related legal battles, the federal appeals court in San Francisco last year revived a lawsuit accusing Google of tracking users of its Chrome browser even after they chose not to synchronize it with their Google accounts.
Additionally, in April 2022, Google agreed to destroy billions of data records to settle a separate lawsuit alleging the company tracked users who believed they were browsing privately, including those using Chrome’s “Incognito” mode. That settlement, valued at over $5 billion, was handled by the same law firms now representing the plaintiffs in the current case.
The outcome of the trial could have significant implications for Google and broader industry practices surrounding transparency and user privacy in digital platforms.
