A new lawsuit accuses a major tech company of violating user privacy by collecting and selling personal data from users in "private browsing mode." The complaint, filed by Ellen Booth and other plaintiffs on November 12, 2024, in the Superior Court of California, County of Santa Clara, targets Google LLC for its alleged invasive practices.
The plaintiffs allege that Google has been secretly intercepting and collecting sensitive user data even when users are in "Incognito mode" on Google Chrome. This practice, they claim, is done without user consent and involves tracking data from various services like Google Analytics and Ad Manager. According to the complaint, Google's actions violate 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 assurances about privacy controls are misleading. They believed that using Incognito mode would prevent their data from being tracked or stored by Google. However, it is alleged that Google continues to collect this information for targeted advertising purposes.
The lawsuit details how Google's software allegedly instructs browsers to send a second transmission directly to Google servers whenever a user visits a website with embedded Google code. This transmission includes sensitive information such as IP addresses and browsing history. Plaintiffs claim this unauthorized interception allows Google to create detailed profiles for targeted ads, generating significant revenue at the expense of user privacy.
Plaintiffs are seeking compensatory, statutory, and punitive damages along with disgorgement of profits earned through these practices. They also request injunctive relief to prevent further unauthorized data collection. The complaint emphasizes that Google's practices infringe upon reasonable expectations of privacy protected under state laws.
Representing the plaintiffs are attorneys Mark Potter, Barry M. Walker, and Claire Cylkowski from Potter Handy LLP. The case is presided over by Judge C. Roman under Case No 24CV451468.