Google Settles Lawsuit Over Tracking Users in Incognito Mode

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Google Settles Lawsuit Over Tracking Users in Incognito Mode

Google has agreed to settle a lawsuit that accused the tech giant of tracking users’ browsing activities even when they were using Chrome’s “Incognito” mode, which is supposed to offer more privacy. The lawsuit, filed in 2020, sought $5 billion in damages for millions of affected users. The terms of the settlement have not been disclosed yet, pending court approval.

The lawsuit claimed that Google violated federal and state wiretap laws by using its services such as Google Analytics and Ad Manager to collect data from browsers in Incognito mode, without the users’ consent or knowledge. The plaintiffs alleged that Google was able to create detailed profiles of users’ interests, habits, and preferences by merging their private browsing activity with their existing user accounts.

Google argued that it did not deceive users about the nature of Incognito mode, and that it clearly warned them that their activity “might still be visible to websites you visit.” Google also said that users had given their consent to the data collection by accepting its terms of service and privacy policy.

However, Judge Yvonne Gonzalez Rogers rejected Google’s attempt to dismiss the lawsuit in August, ruling that Google did not explicitly inform users that it was collecting data from browsers in Incognito mode. She said that the court could not conclude that the users had given their explicit consent to the data collection, and that Google’s disclosures were "insufficient".

The plaintiffs sought a minimum of $5 billion in damages, with a claim of at least $5,000 per user for those who used private browsing modes between 2016 and 2020. They said that Google’s data collection practices turned the company into an “unaccountable trove of information” that could potentially expose users to identity theft, fraud, discrimination, and other harms.

Google is one of the largest and most influential companies in the world, with a dominant position in the online advertising market. It relies heavily on user data to target ads and generate revenue. The company has faced several lawsuits and investigations over its privacy and antitrust practices in recent years, both in the US and abroad.

The settlement of the Incognito mode lawsuit is subject to court approval, which is expected by February 24, 2024. The details of the settlement have not been made public yet, and it is unclear how much Google will pay to the plaintiffs or whether it will change its data collection policies. According to sources, Google is expected to pay $5Bn - $7bn but the details haven't been public yet by the parties.



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