Google Settles Lawsuit Alleging Misleading Tracking in “Private” Mode

Google recently reached a settlement in a lawsuit that accused the tech giant of misleading users by tracking their browsing activity while in private mode. The class-action lawsuit, filed in June 2020, sought substantial damages amounting to at least $5 billion. Allegations claimed that Google had violated federal wiretap laws and collected user data through Google Analytics, even when users believed their internet use was private.

Allegations and Lawsuits

The plaintiffs involved in the lawsuit accused Google of breaching their privacy expectations and claimed that the company had collected an “unaccountable trove of information” about users who thought their online activities were protected while in private mode. The accusations centered around Google’s use of Google Analytics to track users’ behavior and gather data without obtaining explicit consent. The vast amount of information obtained in this manner further raised concerns regarding user privacy.

Tracking in private mode

The plaintiffs argued that Google’s tracking activities infringed upon their privacy expectations while browsing in private mode. Although private mode is commonly believed to guarantee anonymity, the plaintiffs claimed that Google Analytics allowed the company to collect data and create a comprehensive profile of users, undermining their assumptions of privacy. This revelation prompted a closer examination of the limitations of private mode in web browsers.

Google’s defense

Google sought to dismiss the lawsuit, primarily based on a message displayed to users when they activated Chrome’s incognito mode. The company argued that the message clearly indicated that websites could still track users despite their presence in private mode. However, the plaintiffs contended that users had not explicitly consented to Google’s data collection practices, highlighting the need to assess the level of consent obtained.

Limitations of Private Mode

It is crucial to understand the limitations of private mode in web browsers. Enabling incognito or private mode only prevents locally stored data within the browser from being saved. However, websites utilizing advertising technologies and analytics APIs can still track user activity within the incognito session. By correlating data such as IP addresses, these third-party entities can gather comprehensive information about users’ online behavior, rendering the notion of private browsing less effective than commonly assumed.

The court’s decision

In considering Google’s motion to dismiss, the court examined whether the company had obtained explicit consent from users for data collection while browsing in private mode. The court concluded that although Google had pointed out the potential for tracking, it had not explicitly informed users of its own data collection practices. Consequently, the court ruled against Google’s motion, deeming it unable to find explicit user consent for the data collection activities in question.

Settlement Agreement

As the lawsuit progressed, Google and the plaintiffs entered into a settlement agreement. Unfortunately, specific terms and details of the settlement were not disclosed. However, it is clear that both sides recognized the value in resolving the matter through a settlement rather than continuing litigation.

The settlement of the lawsuit against Google regarding its tracking practices in private mode highlights the complex nature of online privacy. While private mode may offer some level of protection by preventing local data storage, it does not shield users from external entities tracking their internet activities. This case underscores the need for clearer communication from technology companies regarding data collection practices, particularly when it comes to user consent. As user privacy concerns persist, it is imperative for both companies and individuals to remain vigilant in safeguarding personal data.

Explore more

Is Your CX Ready for the Personalization Reset?

Companies worldwide have invested billions into sophisticated AI to master personalization, yet a fundamental disconnect is growing between their digital efforts and the customers they aim to serve. The promise was a seamless, intuitive future where brands anticipated every need. The reality, for many consumers, is an overwhelming barrage of alerts, recommendations, and interruptions that feel more intrusive than helpful.

Mastercard and TerraPay Unlock Global Wallet Payments

The familiar tap of a digital wallet at a local cafe is now poised to echo across international borders, fundamentally reshaping the landscape of global commerce for millions of users worldwide. For years, the convenience of mobile payments has been largely confined by geography, with local apps and services hitting an invisible wall at the national border. A groundbreaking partnership

Trend Analysis: Global Payment Interoperability

The global digital economy moves at the speed of light, yet the financial systems underpinning it often crawl at a pace dictated by borders and incompatible technologies. In an increasingly connected world, this fragmentation presents a significant hurdle, creating friction for consumers and businesses alike. The critical need for seamless, secure, and universally accepted payment methods has ignited a powerful

What Does It Take to Ace a Data Modeling Interview?

Navigating the high-stakes environment of a data modeling interview requires much more than a simple recitation of technical definitions; it demands a demonstrated ability to think strategically about how data structures serve business objectives. The most sought-after candidates are those who can eloquently articulate the trade-offs inherent in every design decision, moving beyond the “what” to explain the critical “why.”

Gartner Reveals HR’s Top Challenges for 2026

Navigating the AI-Driven Future: A New Era for Human Resources The world of work is at a critical inflection point, caught between the dual pressures of rapid AI integration and a fragile global economy. For Human Resources leaders, this isn’t just another cycle of change; it’s a fundamental reshaping of the talent landscape. A recent forecast outlines the four most