In a significant legal move, a group of plaintiffs has accused a major tech company of violating privacy rights by allegedly intercepting and selling user data during private browsing sessions. The complaint was filed by Julie Ferrell and other unnamed parties on October 10, 2024, in the Superior Court of California, County of Santa Clara, against Google LLC.
The lawsuit claims that Google has been secretly collecting and monetizing users' personal data even when they are using the "Incognito mode" on its Chrome browser. According to the plaintiffs, this mode is supposed to offer privacy by not storing browsing history or data. However, they allege that Google continues to track and collect sensitive information without user consent. The plaintiffs argue that Google's actions are deceptive and violate several laws including the California Invasion of Privacy Act (CIPA) and the Comprehensive Computer Data Access and Fraud Act (CDAFA).
The complaint outlines how Google allegedly uses its services like Google Analytics and Ad Manager to embed tracking codes into websites, allowing it to collect detailed user profiles for targeted advertising. Despite assurances from Google's Privacy Policy that users can control their data sharing preferences, the plaintiffs claim these promises are misleading. They assert that Google's practices not only infringe upon users' privacy but also prevent them from monetizing their own data while unjustly enriching Google.
The plaintiffs seek compensatory, statutory, and punitive damages as well as disgorgement of profits obtained through these alleged unlawful practices. They also demand injunctive relief to stop Google's unauthorized data collection.
Representing the plaintiffs are attorneys Mark Potter, Barry M. Walker, and Claire Cylkowski from Potter Handy LLP. The case is presided over by Judge L. Ayala under Case No. 24CV449270.