Having Discovered Tracking Users In Incognito Mode, Google Faces A $5 Billion Lawsuit

02/06/2020

A class action lawsuit against Google was filed, with the plaintiffs saying that the tech company is allegedly tracking users' browsing habits during private browsing sessions in Incognito mode.

With “millions of individuals” tracked by Google during Incognito mode, the lawsuit alleges that anyone who visits a web page or opens an app that uses Google’s services sends personal information to Google’s servers.

The plaintiffs also accused Google for not requiring websites to disclose that this is happening, whether the user is using private browsing or not.

In other words, the class action, which was filed in the District Court of Northern California, accused Google for not asking for users' consent to track users.

The case surfaces the fact that while Chrome’s Incognito mode stops the browser from saving users' web history locally on their phone or computer, it doesn’t entirely block Google or some third-party companies from tracking users online, which is the lawsuit’s main point of contention.

What this means, even in Incognito Mode, users' browsing data may still be collected by Google and shared anonymously with publishers and advertisers.

Google Chrome Incognito
Google Chrome's Incognito mode is meant to allow users to browse in private.

The lawsuit claims that Google “tracks and collects consumer browsing history and other web activity data no matter what [emphasis theirs] safeguards consumers undertake to protect their data privacy.”

“Google’s practices infringe upon users’ privacy; intentionally deceive consumers; give Google and its employees power to learn intimate details about individuals’ lives, interests, and internet usage; and make Google ‘one stop shopping’ for any government, private, or criminal actor who wants to undermine individuals’ privacy, security, or freedom,” the class action reads.

And despite Google said that users can adjust their privacy settings to control what information gets shared or collected, “nothing could be further from the truth.”

The lawsuit also surfaces other Google products, like Google Analytics, Google Ad Manager, and others, as they too are used by Google to track and collect users' browsing data and other information.

In the complaint, the plaintiffs alleges that Google in gathering users' data would help it learn about users’ closest contacts, hobbies, dieting habits, and even the “most intimate and potentially embarrassing things” they search for online.

Google “cannot continue to engage in the covert and unauthorized data collection from virtually every American with a computer or phone,” the lawsuit argues.

Anyone with an Android device that viewed a website page containing Google Analytics or Ad Manager in Incognito mode on Android devices, can be eligible to take part in the class action lawsuit. Additionally, users with a Google account who accessed a website with those services on non-Android devices in private browsing mode can participate.

The plaintiffs are seeking a sum of $5,000 for violations of federal wiretapping and California privacy laws for the “millions” of people who’ve used incognito mode since June 1, 2016.

The sum is three times the actual damages, whichever is greater, per user.

Considering that California’s population is around 40 million residents at the moment, Google is facing a $5 billion lawsuit.

The U.S. District Court of Northern California
The U.S. District Court of Northern California

In response, Google spokesperson Jose Castenda said that Google “strongly disputes these claims, and we will defend ourselves vigorously against them.”

Castenda added that “Incognito mode in Chrome gives you the choice to browse the internet without your activity being saved to your browser or device. 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.”

While $5 billion is a big sum of money, even for Google, if a judge rules that Google is liable, Google may be forced to comply with regulations, as a huge part of Google’s revenue comes from advertisements fueled by user data gathered from Chrome and other Google services.

The lawsuit - Brown et al v Google LLC et al - was filed on behalf of three people with Google accounts: Chasom Brown and Maria Nguyen, both of Los Angeles, and William Byatt, a Florida resident, represented by the law firm Boies Schiller & Flexner.