Google Failed to Persuade Judge to Dismiss Privacy Class Action
Google failed to convince a federal judge to dismiss a class action lawsuit alleging that the search engine company collects personal data from people’s cellphones even after they turn off a tracking button. The case is now poised for a possible trial in August.
Chief Judge Richard Seeborg of the federal court in San Francisco rejected Google’s arguments that the company adequately disclosed how its Web & App Activity settings work and that users consented to the tracking. Google also argued that its basic record-keeping does not harm anyone.
The lawsuit accuses Google of invading users’ privacy and violating a California law by intercepting and saving their personal browsing histories without consent. Users of Android and non-Android mobile devices brought the suit against Google, a unit of Alphabet.
In a 20-page decision, Judge Seeborg said that reasonable users could view Google’s conduct as “highly offensive” because the company collected data despite fielding concerns from employees and knowing its disclosures were ambiguous. He cited internal communications suggesting that Google intentionally was vague in distinguishing between data collected inside and outside Google accounts to avoid alarming users.
The judge also noted that the Google employees who raised concerns might have been suggesting ways to improve the company’s products and services. However, he concluded that whether Google’s or the plaintiffs’ interpretation prevails is a triable issue of fact.
Google maintains that its privacy controls have been built into its service and that the allegations are a deliberate attempt to mischaracterize how its products work. The company has scheduled a jury trial for August 18.