The $5 billion ‘Incognito Mode’ lawsuit against Alphabet Inc.’s (NASDAQ:GOOG) (NASDAQ:GOOGL) Google took a step forward as a California judge rejected the company’s request for summary judgment.
On Monday, Judge Yvonne Gonzalez-Rogers ruled against Google’s bid for summary judgment in the ongoing $5 billion lawsuit.
“Google violated privacy by tracking their internet browsing despite using the Incognito mode on Chrome or similar features on other browsers,” said the plaintiffs.
Judge Yvonne Gonzalez-Rogers pointed to statements in the Chrome privacy notice, Privacy Policy, Incognito Splash Screen, and Search & Browse Privately Help page about how incognito mode limits the information stored or how people can control the information they share, writing, “Taken as a whole, a triable issue exists whether these writings created an enforceable promise that Google would not collect users’ data while they browsed privately,” said the Judge.
They further stated that Google’s cookies, analytics, and app tools continued to gather their data, undermining the expected privacy of the browsing mode, reported The Verge.
Legal Considerations: The judge’s decision was influenced by various factors. She pointed out that Google’s privacy notices and policies created a possible promise that the company would not collect user data during private browsing.
This contradiction in the company’s statements raised questions about the enforceability of its privacy claims.
The judge also found merit in the plaintiffs’ assertion that Google stored regular and private browsing data together, using this mixed data to personalize ads and potentially identify users.
The lawsuit, initiated in 2020 with a demand for at least $5 billion in damages, has gained substantial traction with this denial of summary judgment. “This decision moves the case closer to a potential trial or settlement,” said the report.
Google did not immediately respond to Zenger News’s request for comments.
Why It’s Important: During the weekend, Google was denied another summary judgment. U.S. Judge Amit Mehta presiding over the Justice Department’s antitrust lawsuit against Google upheld crucial claims made by the federal government.
In 2020, the U.S. Justice Department filed a lawsuit accusing Google of using its market dominance to hinder competitors in the internet search market.
Produced in association with Benzinga
Edited by Judy J. Rotich and Newsdesk Manager
