Google faced a class-action lawsuit filed in 2020, accusing it of misleading users regarding the privacy protections of its Chrome Incognito mode. Plaintiffs alleged that despite promises of privacy, Google continued to track users’ browsing activities even when Incognito was enabled, capturing data through cookies and analytics tools embedded in websites. Google argued that its disclosures were clear, but in response to growing litigation, it agreed to significant injunctive actions to address privacy concerns. The court-approved settlement, reached in April 2024, required Google to improve Incognito disclosures and delete existing browsing data collected in private mode, impacting millions of U.S. users.
Who is Eligible to Join the Lawsuit?
Individuals who used Chrome’s Incognito mode after June 1, 2016, may be eligible to participate. While no direct monetary award for individual users was established in the class action, affected individuals retain the right to seek damages on an individual basis. Google has faced significant scrutiny over its data handling practices, and those concerned about privacy infractions during Incognito sessions may still seek compensation by filing individual claims with legal representation.
Key Steps to File an Individual Claim
Since the class action only provided injunctive relief, individuals need to file separate claims if they seek monetary damages. Here’s a step-by-step guide for those interested in pursuing this route:
- Determine Eligibility: Confirm that your browsing activity in Incognito mode falls within the relevant period (after June 1, 2016) and that you used Chrome or other browsers Google tracks similarly.
- Gather Evidence: Collect any supporting information demonstrating that Google tracked your private browsing. Evidence could include screenshots, records of browsing behavior, or any notifications received about data tracking.
- Consult a Legal Expert: Filing an individual claim is complex. Attorneys specializing in privacy law can help clarify your rights, assess the strength of your claim, and navigate the legal process.
- File Your Claim: Collaborate with your attorney to draft and submit your claim in the appropriate court. California state courts have seen individual cases filed, but consulting with a lawyer will help determine the best jurisdiction for your case.
- Stay Informed: Legal cases often progress slowly, so keep in regular contact with your attorney for updates on your case status.
What Relief Does the Settlement Provide?
The settlement included a broad set of requirements aimed at enhancing user privacy:
- Enhanced Privacy Disclosures: Google must now include clearer statements about data collection in Incognito mode.
- Data Deletion: Google is required to delete billions of records related to Incognito browsing data to ensure that past private sessions are not retained for future use.
- Limitations on Future Data Collection: Google agreed to place strict limits on tracking capabilities in Incognito mode over the next five years.
Although this settlement brought important changes, it did not include financial compensation for users in the class action itself. Instead, users interested in pursuing damages need to consider separate, individual claims, which may result in payouts but require specific evidence and legal representation.
Potential Challenges and Considerations for Claimants
While joining the Google Incognito lawsuit is possible, it may present certain challenges for individuals:
- Legal Complexity: Filing an individual claim for privacy violations requires specific legal knowledge. Individual plaintiffs must prove how Google’s alleged misrepresentations directly harmed them.
- Proof of Damages: Unlike typical class actions where a uniform payout is available, claimants here must substantiate how Google’s Incognito tracking practices negatively impacted them. This can be a time-intensive process involving substantial documentation.
- Long Legal Timelines: Pursuing an individual claim may take years. The settlement process for individual claims is separate from the initial class action, meaning claimants need to be prepared for extended litigation.
Final Thoughts: Is Joining the Google Incognito Lawsuit Worth It?
For users who feel strongly about privacy violations or who may have experienced direct harm, joining the Incognito lawsuit can be a powerful step toward accountability. While it may not be as straightforward as other class actions, this lawsuit underscores the growing legal emphasis on data privacy and user rights. Those who wish to proceed should weigh the time and effort involved against the potential rewards, understanding that cases of this nature often set important precedents for future technology-related privacy cases.
This case remains an important reminder for users to fully understand how private browsing tools operate, as well as the limitations that come with these features. Google’s settlement marks a significant step in user privacy advocacy, but it also serves as a call to action for those interested in holding tech companies accountable for their data practices.
Our dedicated team gathers information from all the reliable sources to make the law accessible and understandable for everyone. We provide the latest legal news stories from across the country, delivered straight to you.