A new lawsuit has been filed against a major tech company, accusing it of unlawfully intercepting and monetizing users' private data even when they are using the company's "Incognito mode" on its web browser. The complaint was filed by Ross Kuster and additional plaintiffs in the Superior Court of California, County of Santa Clara, on September 24, 2024, targeting Google LLC for allegedly violating privacy laws.
The plaintiffs claim that Google has been secretly collecting and selling personal user data from individuals using its services in "private browsing mode," known as "Incognito mode" on Google Chrome. They allege that despite Google's assurances that users can control what information is shared with the company, it continues to track and collect data without consent. This includes sensitive personal information like browsing history and geolocation data. The lawsuit argues that Google's practices infringe upon users' privacy rights and deceive consumers who believe their online activities are private.
According to the complaint, Google uses various tools such as Google Analytics and Ad Manager to embed tracking codes into websites, allowing it to collect user data even during private browsing sessions. The plaintiffs assert that this surreptitious data collection enables Google to build detailed user profiles for targeted advertising purposes, generating significant revenue for the company. They argue that these actions violate several laws including the California Invasion of Privacy Act (CIPA) and the Comprehensive Computer Data Access and Fraud Act (CDAFA).
The plaintiffs are seeking compensatory, statutory, and punitive damages from Google. They also demand disgorgement of profits obtained through these alleged unlawful practices. Additionally, they request injunctive relief to prevent further unauthorized data collection by Google.
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. 24CV447977.