Google has reached a preliminary settlement in a class-action lawsuit filed in 2020 over its Chrome browser’s Incognito mode. The lawsuit, originating in the Northern District of California, accused Google of secretly “tracking, collecting, and identifying users’ browsing data in real-time” even when using Incognito mode.

Google Chrome Performance Panel

Led by Florida resident William Byatt and Californians Chasom Brown and Maria Nguyen, the legal action alleged Google’s violation of wiretap laws. It claimed that websites using Google Analytics or Ad Manager gathered information from browsers in Incognito mode, including web page content, device data, and IP addresses. The lawsuit also accused Google of linking users’ private browsing activity with their existing profiles.

Chrome Incognito

Google’s initial attempt to dismiss the lawsuit, based on the warning displayed when activating Incognito mode, was rejected by Judge Yvonne Gonzalez Rogers in August. The judge highlighted that Google had not explicitly informed users about continued data collection during private browsing.

Following negotiations, Google and the plaintiffs have agreed to terms that will lead to the dismissal of the litigation. The finalized agreement is expected to be presented to the court by the end of January, with court approval anticipated by the end of February.

This development halts a scheduled February 5, 2024 trial. The lawsuit, seeking at least $5 billion in damages, claimed that Google’s analytics, cookies, and apps allowed tracking even when users believed they were browsing privately. The settlement terms remain undisclosed, pending court approval by February 24, 2024.

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