Tech giant Google has become a household name in Huntingdon Valley, and “googling” can even be found in the dictionary. One feature many people like about Google is the ability to use “incognito” mode. However, even large companies are not immune to business litigation. In this case, a lawsuit against Google has been allowed to proceed, accusing the company of mining the data of those using incognito mode.
Brown v. Google
In the class action lawsuit, Brown v. Google, Google is accused of collecting the data of those using Google Chrome’s private “incognito” browsing mode. In addition, the lawsuit claims that Google Analytics and Google Ad Manager sent secret messages to the company’s California servers. The lawsuit also claims that Google did not have a legitimate business interest for tracking data in incognito mode and that plaintiffs did not consent to such tracking.
Google argued that the lawsuit should be dismissed. The company claimed that users were given sufficient information regarding how their activity on Chrome may be tracked even in incognito mode. Google argues that “incognito” does not mean “invisible” meaning that the websites users visit can be seen.
Judge allows the lawsuit to move forward
The federal judge assigned to this case rejected Google’s motion to dismiss, meaning the claim against the company can move forward. According to the judge, Google was unable to demonstrate that users expressly consented to the data collection because Google failed to provide them with notification that their data may be collected while in incognito mode.
Learn more about business litigation
This class action lawsuit serves as an example of how even big companies can face litigation. This post is for informational purposes only and does not contain legal advice. Those who want to learn more about business litigation in Pennsylvania are encouraged to visit our firm’s website for further information.