Google agrees to settle $5 billion lawsuit accusing it of tracking users in “Incognito” mode

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Google has agreed to settle a lawsuit alleging that the search engine giant secretly tracked the Internet usage of millions of users even though it believed they were browsing in incognito mode.

The $5 billion lawsuit was filed in 2020 in the U.S. District Court for the Northern District of California and affected “millions” of Google users. She sought damages of $5,000 per user or three times the actual damages, whichever is greater.

Google's parent company, Alphabet Inc., is accused of illegally collecting information about what people watch online and where they browse through various applications and website plug-ins, including Google Analytics and Google Ad Manager.

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MOUNTAIN VIEW, CA – MAY 15: The Google headquarters is seen on May 15, 2023 in Mountain View, California, USA. (Photo by Tayfun Coskun/Anadolu Agency via Getty Images / Getty Images)

U.S. District Judge Yvonne Gonzalez Rogers on Thursday stayed trial of the proposed class action on Feb. 5, 2024, after attorneys for Google and consumers said they had reached a tentative agreement.

The terms of the settlement were not disclosed, but the attorneys said they agreed to the terms through mediation. The lawyers are also expected to submit a formal agreement to the court for approval by February 24, 2024.

Google did not immediately respond to Fox News Digital's requests for comment and information about the terms of the settlement.

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When you search on Google, various Google logos appear. (AP/Richard Drew / AP Images)

Consumer lawyers claim Google's analytics, cookies and apps allowed the company to track browsing activity even when Chrome was set to “incognito” mode.

The lawyers claim this turned the information into an “unexplained treasure trove” after the company learned more about consumers' colleagues, favorite foods, shopping habits, hobbies and “potentially embarrassing things” they searched for online.

Google moved to dismiss the lawsuit, but in August Rogers denied the company's request.

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Judge holds gavel in courtroom (iStock / iStock)

In her denial, the judge said it was an open question about whether Google had made a legally binding promise not to collect data from users when they browse in private mode.

Rogers pointed to the company's privacy policy and statements from Google that suggested limits on the information it might collect.

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Ultimately, the lawsuit accused the company of violating federal wiretapping laws and California privacy laws.

Portal contributed to this report.