Google agreed to settle a $5 billion lawsuit alleging that the company spied on people who turned on 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 misled users by telling them that it was not tracking their online data or activity through cookies and apps while incognito mode was enabled. In reality, Google's advertising software continued to track the user and present advertisements that reflected their interests, the lawsuit says. U.S. District Judge Yvonne Gonzalez Rogers, who had been overseeing the case, put a planned trial on hold after lawyers said they had reached a tentative agreement.
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Terms of the settlement were not disclosed, but a formal settlement is expected to be announced for a judge's approval in early 2024.
Google and the lawyers behind the original lawsuit did not respond to requests for comment.
The lawsuit seeks to recover at least $5,000 in damages per user for violations of federal wiretapping laws and California privacy laws, an estimated $5 billion.
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Rogers in August rejected Google's attempt to dismiss the lawsuit, claiming she could find no evidence that users consented to the collection of information when using tools designed by Google to provide the highest level of privacy guarantee.
Google has struggled with many legal problems 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. The company is also awaiting a judge's decision in its legal battle with the Justice Department over allegations that it built a monopoly by striking deals with browser developers and phone makers to make Google the default search engine.