Google Chrome Incognito Privacy Lawsuit: Plaintiffs Lose Appeal to Pursue Money Damages

Plaintiffs have lost the appeal to pursue money damages, as they sue Google over its data collection practices. Google was accused to collect data from users despite their use of private browsing through Chrome's Incognito mode.

Losing Appeal

Consumers that sued Google in 2020 over its data collection practices have lost their appeal to pursue monetary damages of $5 billion. According to Reuter's report, the 9th United States Circuit Court of Appeals in San Francisco rejected the bid to appeal a lower court decision against the company.

Google was accused of continuing to collect data despite the consumers' use of Chrome's Incognito mode, which is a private browser. The plaintiffs had sought an appeals court hearing regarding this and can still seek to revive their money damages claims during the final judgment in a jury trial set for November.

Complainants, along with Boies Schiller Flexner Veteran Litigator David Boies, argued in the Court of appeals that the ruling in December that denied the class certification on damages is a downfall for users' claims who lack the means to litigate the lawsuit individually.

Meanwhile, Google's attorneys from Quinn Emanuel Urquhart & Sullivan had asked the court to not allow the immediate appeal until they hear from the parties after a final order. This accusation was denied by the company and said that users consented to the company's data collection and have not deceived anyone regarding this matter.

In 2020, a spokesperson from Google stated that the company would defend itself from these claims. Google stated, "As we clearly state each time you open a new incognito tab, websites might be able to collect information about your browsing activity during your session."

Google Lawsuit

Forbes reported that the lawsuit is looking for damages of $5,000 for each individual who used incognito mode since June 1st, 2016, which totals up to $5 billion. The complaint was filed in the United States District Court for the Northern District of California.

"Google's unlawful and intentional interception and collection of confidential communications without the consent of the individuals concerned, even when those individuals expressly follow Google's recommendations to prevent the tracking or collection of their personal information and communications," the complaint stated.

It added that Google accomplishes its "surreptitious tracking" through several methods, including Google Analytics, Google Ad Manager, and Google Sign-In button for websites. As per the complaint, Google failed to inform its users in the incognito message about using these tracking tools.

Previously, Bloomberg reported that a federal judge denied Google's initial request to throw out the case in March 2021. As per US District Judge Lucy Koh's ruling, the company did not notify users that they engaged in alleged data collection in private mode.