Google Reaches Preliminary Settlement in Class-Action Lawsuit Over Chrome’s Incognito Mode
Google has reached a preliminary settlement in a class-action lawsuit filed in 2020 over its Chrome browser’s Incognito mode. The lawsuit, which originated in the Northern District of California, accused Google of secretly tracking, collecting, and identifying users’ browsing data in real-time, even when using Incognito mode.
Accusations and Violations
The legal action, led by Florida resident William Byatt and Californians Chasom Brown and Maria Nguyen, alleged that Google violated wiretap laws. It claimed that websites using Google Analytics or Ad Manager gathered information from browsers in Incognito mode, including web page content, device data, and IP addresses. The lawsuit also accused Google of linking users’ private browsing activity with their existing profiles.
Dismissal Attempt and Judge’s Ruling
Google initially tried to dismiss the lawsuit by arguing that the warning displayed when activating Incognito mode should serve as sufficient notice to users. However, Judge Yvonne Gonzalez Rogers rejected this argument in August. The judge emphasized that Google had not explicitly informed users about the continued data collection during private browsing.
Settlement Agreement
After negotiations, Google and the plaintiffs have agreed to terms that will ultimately lead to the dismissal of the litigation. The finalized agreement is expected to be presented to the court by the end of January, and court approval is anticipated by the end of February.
Trial Cancellation and Damages
This development effectively halts a scheduled February 5, 2024 trial. The lawsuit sought at least $5 billion in damages, claiming that Google’s analytics, cookies, and apps allowed tracking even when users believed they were browsing privately. The specific terms of the settlement remain undisclosed until court approval is obtained by February 24, 2024.
