A recent lawsuit has brought to light allegations against a major tech company, accusing it of violating privacy laws by secretly collecting user data. The complaint was filed by Barrett Twining and other plaintiffs in the Superior Court of California, County of Santa Clara, on October 21, 2024, targeting Google LLC.
The plaintiffs claim that Google has been unlawfully intercepting and collecting personal data from users even when they are using "Incognito mode" on its Chrome browser. According to the complaint, this practice breaches several laws including the California Invasion of Privacy Act and the Comprehensive Computer Data Access and Fraud Act. The plaintiffs argue that Google's actions are deceptive as they contradict the company's assurances that users can control their data privacy through private browsing modes. They allege that Google not only collects this data without consent but also uses it to create detailed user profiles for targeted advertising, thereby unjustly enriching itself at the expense of users' privacy rights.
The lawsuit details how Google's tracking mechanisms operate covertly. When users visit websites utilizing Google services like Analytics or Ad Manager, their browsers send additional transmissions to Google's servers, unbeknownst to them. This allows Google to collect sensitive information such as IP addresses and browsing history, which is then associated with existing user profiles. Despite Google's claims that Incognito mode offers privacy protection, the plaintiffs assert that these practices persistently invade users' privacy.
The plaintiffs are seeking compensatory damages for violations of their privacy rights and statutory damages under California law. They demand disgorgement of profits obtained through these alleged unlawful practices and seek punitive damages for what they describe as willful misconduct by Google.
Representing the plaintiffs are attorneys Mark Potter, Barry M. Walker, and Claire Cylkowski from Potter Handy LLP. The case is being reviewed by Judge M. Bui under Case No. 24CV449964.