Google has failed to convince a federal judge to dismiss a class action lawsuit accusing the company of tracking personal data on mobile devices even after users disabled settings meant to stop such tracking. The case, which could proceed to trial as early as August, alleges that Google collected private information without consent, violating California’s privacy laws.
Chief Judge Richard Seeborg of the U.S. District Court for the Northern District of California ruled Tuesday that Google’s claims about adequate disclosure of its tracking practices were insufficient. Google had argued that users knowingly consented to its tracking through the Web & App Activity settings and that its record-keeping was harmless. However, Seeborg disagreed, stating that Google’s actions could reasonably be seen as “highly offensive” by users who believed they had disabled tracking features.
Internal Google communications highlighted in the ruling suggest that company employees were aware of the vagueness in Google’s disclosures regarding the scope of data collection. Some even referred to these ambiguities as intentional, fearing that users would be alarmed by the full extent of the company’s data practices.
In his 20-page decision, Seeborg pointed out that the case raises a factual dispute about whether Google misled users, a matter that should be decided by a jury. “Whether Google or plaintiffs’ interpretation prevails is a triable issue of fact,” Seeborg wrote, setting the stage for a trial later this year.
The class action, which was filed in 2020, claims that Google tracked both Android and non-Android device users without their explicit consent, capturing personal browsing histories even after users took steps to disable the tracking. The plaintiffs argue that this behavior violates California’s laws against unauthorized computer access and fraudulent data collection.
In response to the ruling, Google reiterated its stance that its privacy controls are sufficient and accused the plaintiffs of misrepresenting how its services work. The company said it would continue to fight the claims in court.
The lawsuit is not Google’s first encounter with privacy issues. Last year, a federal appeals court revived a similar lawsuit accusing Google of tracking users of its Chrome browser after they opted not to sync their browsers with their Google accounts. In another case, Google agreed to destroy billions of records of user data to settle allegations of unauthorized tracking while users believed they were browsing privately in “Incognito” mode. That settlement was valued at over $5 billion.
The case, Rodriguez et al v Google LLC, is set for trial on August 18, 2025, with attorneys representing the plaintiffs in both the current and previous privacy lawsuits.
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