In a significant legal move, a group of plaintiffs has filed a lawsuit against a major tech company, accusing it of violating privacy rights by collecting and selling user data during private browsing sessions. The complaint was lodged by Amanda Nunez and others in the Superior Court of California, County of Santa Clara, on October 16, 2024, targeting Google LLC.
The plaintiffs allege that Google has been secretly intercepting and selling their personal data even when they were using the "Incognito mode" on its Chrome browser. According to the complaint, this practice violates several laws including the California Invasion of Privacy Act (CIPA) and the Comprehensive Computer Data Access and Fraud Act (CDAFA). The plaintiffs argue that Google's actions contradict its own privacy policies which assure users that they can control what information is shared with Google. "Google’s surreptitious interception and data collection through unlawful means infringe upon users’ privacy," states the complaint.
The lawsuit details how Google allegedly tracks users' online activities without consent by embedding tracking codes in websites using its services like Google Analytics and Ad Manager. This tracking continues even when users believe they are browsing privately. The plaintiffs assert that Google's practices allow it to build detailed user profiles for targeted advertising, thereby unjustly enriching itself at the expense of users' privacy rights. They further claim that Google's conduct prevents users from monetizing their own data while deceiving them into believing their information is secure.
The plaintiffs are seeking compensatory, statutory, and punitive damages as well as disgorgement of profits derived from these alleged unlawful practices. They also demand 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 presided over by Judge M. Arechiga under Case No. 24CV449601.