Google class action trial ends with $425M verdict for cellphone users over app data tracking

A California federal jury has rendered a significant verdict against Google, ordering the tech giant to pay over 5 million in damages. This decision stems from a class action lawsuit that accused Google of unlawfully collecting data from 98 million cellphone users who had explicitly opted out of tracking their app activity.

The jury’s deliberation spanned approximately 10 hours over two days, following a nearly three-week trial. Plaintiffs Julian Santiago and Anibal Rodriguez contended that Google continued to save and utilize information regarding users’ activities on third-party applications, despite their requests for privacy.

Jury finds Google liable for invasion of privacy

In its findings, the jury determined that Google was liable for invasion of privacy and intrusion upon seclusion, concluding that the plaintiffs had not consented to the collection of their data. According to a report from Law360, the jury awarded a total of 5,651,947 in compensatory damages. However, they ruled that the plaintiffs did not sufficiently demonstrate entitlement to disgorgement of Google’s profits related to the data collection.

During the trial, Google defended its practices by asserting that the data collected after users activated the privacy setting was not linked to identifiable individuals. The jury also found that Google had not breached California’s Computer Data Access and Fraud Act, which necessitates a demonstration of serious conduct constituting an egregious violation of social norms.

Furthermore, the jury concluded that the plaintiffs had failed to prove that Google acted with malice, oppression, or fraud—criteria that would have warranted punitive damages.

The lawsuit, initiated in 2020, highlighted claims that Google continued to collect and sell users’ personal data even after privacy settings were enabled on their devices. The plaintiffs are represented by a team of attorneys from Boies Schiller Flexner LLP, Susman Godfrey LLP, and Morgan & Morgan P.A.

The case is officially titled Rodriguez, et al. v. Google LLC, et al., with the case number 3:20-cv-04688, filed in the U.S. District Court for the Northern District of California.


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Google class action trial ends with $425M verdict for cellphone users over app data tracking