In a significant legal development, a group of plaintiffs has filed a lawsuit against a major technology company, accusing it of unlawfully collecting and selling user data even when users believed they were browsing privately. The complaint was filed by Mario Lizarraga and additional unnamed parties in the Superior Court of California, County of Santa Clara, on October 17, 2024, targeting Google LLC.
The lawsuit alleges that Google engaged in "surreptitious interception" of personal data from users who were utilizing the "Incognito mode" on its Chrome browser. This mode is widely understood to offer privacy by not saving browsing history or other personal data. However, the plaintiffs claim that Google misled users into believing their activities were private while continuing to collect and monetize their data without consent. According to the complaint, this practice violates several laws including the California Invasion of Privacy Act (CIPA), the Comprehensive Computer Data Access and Fraud Act (CDAFA), and constitutes breach of contract among other allegations.
The plaintiffs argue that Google's actions have allowed it to build detailed user profiles for targeted advertising, thereby unjustly enriching itself at the expense of user privacy. The complaint highlights that despite Google's assurances about privacy controls and settings, it failed to inform users about its continued tracking practices during private browsing sessions. The lawsuit seeks compensatory, statutory, and punitive damages as well as disgorgement of profits obtained through these alleged unlawful practices.
Representing the plaintiffs are attorneys Mark Potter, Barry M. Walker, and Claire Cylkowski from Potter Handy LLP. The case is being reviewed under Case No. 24CV449674 by Judge L. Ayala at the Superior Court of California in Santa Clara County.