A lawsuit has been filed against a major tech company, accusing it of violating privacy laws by secretly collecting and selling user data even when users believed they were browsing privately. The complaint was lodged by Casey Fickens and other plaintiffs on October 17, 2024, in the Superior Court of California, County of Santa Clara, targeting Google LLC.
The plaintiffs allege that Google has been unlawfully intercepting and collecting personal data from users who utilize the "Incognito mode" on its Chrome browser. This mode is marketed as a way to browse the web privately without storing browsing history or cookies. However, the plaintiffs claim that Google continues to track and gather data from users in this mode without their consent. According to the complaint, Google uses this data to create detailed user profiles for targeted advertising purposes and to develop proprietary products. The lawsuit accuses Google of multiple violations including invasion of privacy under California Penal Code sections 631 and 632, breaches under the Comprehensive Computer Data Access and Fraud Act (CDAFA), breach of contract, and unfair competition.
The plaintiffs argue that Google's practices are deceptive as they contradict Google's own representations about user privacy controls. They assert that since 2016, Google has misled users into believing they could control what information is shared with Google by using private browsing modes like Incognito. Despite these assurances, Google allegedly continues to intercept communications between users and websites through embedded code in websites using services like Google Analytics and Ad Manager.
The lawsuit seeks compensatory, statutory, and punitive damages along with disgorgement of profits obtained through these alleged unlawful practices. The plaintiffs demand a jury trial to address these grievances.
Representing the plaintiffs are attorneys Mark Potter, Barry M. Walker, and Claire Cylkowski from Potter Handy LLP. The case is being reviewed by Judge P. Hernandez under Case ID 24CV449687.