In a striking legal move, a group of plaintiffs has accused a major tech company of unlawfully collecting and selling personal data from users who believed they were browsing privately. The complaint was filed by Jonah Thomas and other unnamed plaintiffs in the Superior Court of California, County of Santa Clara, on November 7, 2024, against Google LLC. This lawsuit brings to light serious allegations regarding privacy violations that could have far-reaching implications for user trust in digital platforms.
The plaintiffs allege that Google has been secretly intercepting, collecting, saving, and selling their personal and sensitive data even when they were using Google's "Incognito mode" on its Chrome browser. According to the complaint, Google has been tracking users without their consent through its services like Google Analytics and Ad Manager. The lawsuit claims that these actions violate several laws including the California Invasion of Privacy Act (CIPA), the Comprehensive Computer Data Access and Fraud Act (CDAFA), as well as constituting breaches of contract and unfair competition under California law.
The core issue revolves around Google's representations about privacy controls. The plaintiffs argue that since 2016, Google has assured users they can control what information is shared with the company and promised anonymity while using Incognito mode. However, the complaint alleges that despite these assurances, Google continued to track users' activities covertly for targeted advertising purposes. "Google’s surreptitious interception and data collection through unlawful means infringe upon users’ privacy," states the complaint.
The plaintiffs are seeking compensatory damages for invasion of privacy, statutory damages under CIPA for each violation, punitive damages for unjust enrichment under CDAFA, as well as disgorgement of profits obtained through these alleged practices. They also demand injunctive relief to prevent further unauthorized data collection by Google.
Representing the plaintiffs are attorneys from Potter Handy LLP including Mark Potter and Barry M. Walker. The case is being reviewed by Judge P. Hernandez under Case ID 24CV451213 at the Superior Court of California in Santa Clara County.