Google agreed to settle a $5 billion lawsuit that alleged it had spied on people who had activated its “incognito mode,” a setting in Google Chrome that promises freedom and privacy.
The class-action lawsuit in question was filed in 2020. It argued that Google had misled users by telling them it wasn’t tracking their online data or activities via cookies and apps while incognito mode was activated. In reality, Google’s advertising software continued to track the user and present advertisements that reflected their interests, according to the suit. U.S. District Judge Yvonne Gonzalez Rogers, who had overseen the case, put a scheduled trial on hold after lawyers said they reached a preliminary settlement.
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The settlement terms have not been disclosed, although a formal settlement is expected to be revealed in early 2024 for a judge’s approval.
Google and the lawyers behind the initial lawsuit did not respond to requests for comment.
The lawsuit attempts to acquire at least $5,000 in damages per user due to violations of federal wiretapping and California privacy laws, or an estimated $5 billion.
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Rogers rejected Google’s attempt to dismiss the lawsuit in August, claiming that she could not find proof users had consented to have information collected when using tools designed by Google to provide the highest level of privacy.
Google has faced a lot of legal trouble in recent months. The company was found guilty by a jury of holding an illegal monopoly over the Google Play Store and forcing app developers to work through its app providers. It is also awaiting a judge’s decision in its court battle with the Department of Justice over allegations that it had established a monopoly through agreements signed with browser developers and phone makers to make Google the default search engine.
