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NORTHERN CALIFORNIA RECORD

Wednesday, October 16, 2024

Plaintiffs accuse tech giant Google LLC of violating privacy laws through Incognito mode tracking

State Court
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In a high-stakes legal battle, a group of plaintiffs has filed a lawsuit against a major tech company, accusing it of unlawfully intercepting and monetizing their private data. The complaint was lodged by Anna Garrett and others in the Superior Court of California, County of Santa Clara, on September 24, 2024, targeting Google LLC. This case shines a spotlight on privacy concerns in the digital age and questions the integrity of "private browsing" features offered by tech giants.

The plaintiffs allege that Google has been secretly collecting personal data from users even when they are using Chrome's "Incognito mode," which is supposed to offer private browsing. According to the complaint, Google not only intercepts but also tracks, collects, saves, and sells user data without consent. This practice is said to be part of Google's broader strategy to create detailed user profiles for targeted advertising purposes. The plaintiffs argue that Google's actions violate several laws including the California Invasion of Privacy Act (CIPA) and the Comprehensive Computer Data Access and Fraud Act (CDAFA).

The complaint details how Google's pervasive online presence allows it to track users across various websites through embedded codes like Google Analytics and Ad Manager. These tools allegedly enable Google to gather sensitive information such as IP addresses, geolocation data, and browsing history even in private browsing modes. The plaintiffs assert that this unauthorized data collection constitutes an invasion of privacy and breach of contract since Google had promised users control over their data.

Anna Garrett and her co-plaintiffs are seeking compensatory damages for the alleged violations along with statutory and punitive damages. They also demand disgorgement of profits that Google earned from its purportedly unlawful practices. The lawsuit emphasizes that these practices infringe upon individuals' reasonable expectations of privacy under state laws designed to protect confidential communications.

Representing the plaintiffs are attorneys Mark Potter, Barry M. Walker, and Claire Cylkowski from Potter Handy LLP. The case is being reviewed by Judge C. Roman under Case No. 24CV447982 at the Superior Court of California in Santa Clara County.

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