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Plaintiffs said letting Google had an ‘unaccountable trove of information’ from learning about what they seek out online.
Plaintiffs said letting Google had an ‘unaccountable trove of information’ from learning about what they seek out online. Photograph: Jakub Porzycki/NurPhoto via Getty Images
Plaintiffs said letting Google had an ‘unaccountable trove of information’ from learning about what they seek out online. Photograph: Jakub Porzycki/NurPhoto via Getty Images

Google agrees to settle $5bn lawsuit claiming it secretly tracked users

This article is more than 3 months old

Plaintiffs allege their activity was tracked even when they set Chrome to ‘incognito’ and other browsers to ‘private’ mode

Google has agreed to settle a lawsuit claiming it secretly tracked the internet use of millions of people who thought they were doing their browsing privately.

US district judge Yvonne Gonzalez Rogers in Oakland, California, put a scheduled trial in the proposed class action, which was due to begin in February, on hold on Thursday after lawyers for Google and for consumers said they had reached the preliminary settlement.

The lawsuit had sought at least $5bn. Settlement terms were not disclosed, but the lawyers said they have agreed to a binding term sheet through mediation, and expected to present a formal settlement for court approval by 24 February 2024.

Neither Google nor lawyers for the plaintiff consumers immediately responded to requests for comment.

The plaintiffs alleged that Google’s analytics, cookies and apps let the Alphabet unit track their activity even when they set Google’s Chrome browser to “incognito” mode and other browsers to “private” browsing mode.

They said this turned Google into an “unaccountable trove of information” by letting the company learn about their friends, hobbies, favorite foods, shopping habits and “potentially embarrassing things” they seek out online.

In August, Rogers rejected Google’s bid to dismiss the lawsuit.

She said it was an open question whether Google had made a legally binding promise not to collect users’ data when they browsed in private mode. The judge cited Google’s privacy policy and other statements by the company that suggested limits on what information it might collect.

Filed in 2020, the lawsuit covered “millions” of Google users since 1 June 2016, and sought at least $5,000 in damages per user for violations of federal wire-tapping and California privacy laws.

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