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NORTHERN CALIFORNIA RECORD

Monday, November 4, 2024

Google Accused of Privacy Violations by Users Over Incognito Mode Data Collection

State Court
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A group of plaintiffs has filed a significant lawsuit against a major tech company, alleging serious privacy violations. The complaint was lodged by Ryker Kotelman and other unnamed parties in the Superior Court of California, County of Santa Clara, on October 17, 2024, targeting Google LLC. This legal action highlights concerns over data privacy and user consent in the digital age.

The plaintiffs accuse Google of unlawfully intercepting, collecting, saving, and selling their personal data while they were using the "Incognito mode" on Google Chrome. They claim that despite Google's assurances that users can control what information is shared with the company and browse privately using Incognito mode, Google continued to track their online activities without consent. The lawsuit argues that this practice violates several laws including the California Invasion of Privacy Act (CIPA), Comprehensive Computer Data Access and Fraud Act (CDAFA), and California's Unfair Competition Law (UCL).

According to the complaint, Google employs various tools like Google Analytics and Ad Manager to collect user data even when users are in private browsing mode. The plaintiffs allege that Google's code embedded in websites directs browsers to send additional transmissions to Google's servers, revealing detailed information about users' online behavior. This data is then used to create comprehensive user profiles for targeted advertising purposes, enriching Google at the expense of users' privacy rights.

The plaintiffs are seeking compensatory, statutory, and punitive damages from Google. They demand disgorgement of profits derived from these alleged unlawful practices. Furthermore, they request injunctive relief to prevent further unauthorized data collection by Google.

Representing the plaintiffs are attorneys Mark Potter and Barry M. Walker from Potter Handy LLP. The case is presided over by Judge P. Hernandez under Case ID 24CV449691.

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