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NORTHERN CALIFORNIA RECORD

Thursday, October 31, 2024

Plaintiffs accuse tech giant Google LLC of privacy violations in Incognito mode

State Court
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A lawsuit has been filed against a major tech company, accusing it of unlawfully intercepting and selling users' private data. The complaint was lodged by Garrison Collette 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 violated privacy laws by collecting sensitive user data during "Incognito mode" browsing sessions without consent.

The lawsuit accuses Google of secretly intercepting and tracking users' personal information through its services like Google Analytics and Ad Manager. Plaintiffs claim that despite Google's assurances that users could control their data sharing settings, the company continued to collect and sell personal information even when users were in private browsing mode. This practice allegedly 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 are deceptive and infringe upon individuals' rights to privacy as guaranteed by state law.

According to the complaint, Google’s business model heavily relies on targeted advertising driven by detailed user profiles created from intercepted data. The plaintiffs assert that Google's practices not only breach user trust but also unjustly enrich the company at the expense of consumers who are deprived of monetizing their own data. They are seeking compensatory, statutory, and punitive damages along with disgorgement of profits obtained through these alleged unlawful activities.

Represented by attorneys Mark Potter, Barry M. Walker, and Claire Cylkowski from Potter Handy LLP, the plaintiffs demand a jury trial for their claims against Google LLC. The case is being reviewed under Case No. 24CV449677 by Judge P. Hernandez.

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