Google Incognito Mode Lawsuit Moves Forward

A judge recently denied Google’s request for summary judgment in a lawsuit filed in 2020 by users alleging the company illegally invaded the privacy of millions of Americans. According to the lawsuit, Google’s cookies, analytics, and tools on non-Google websites continued to track internet browsing activity even after users activated “Incognito Mode” in Google’s Chrome. In other words, users were duped into thinking their internet usage was truly private when it was far from it.

According to the judge, however, Google’s privacy policies don’t disclose that Google continues to collect browsing history in Incognito mode. The judge said that the failure to disclose that, combined with Google’s use of iconography depicting a man in disguise, the name “Incognito,” and the term “private browsing,” would lead reasonable users to expect that their internet browsing in Incognito Mode is private from Google.

Information that's collected while in Incognito mode (like your IP address, information about your device and browser, and the websites you’ve visited) can be combined with other unique identifiers that allow Google to track users over time, allowing Google to make billions of dollars by improving its advertising services and charging more money at the expense of your privacy.

She also responded to Google’s argument that the plaintiffs didn’t suffer economic injury, writing that “Plaintiffs have shown that there is a market for their browsing data and Google’s alleged surreptitious collection of the data inhibited plaintiffs’ ability to participate in that market.” In other words, your browsing activity is valuable, companies pay for it, and Google should have paid for it instead of taking it without your permission.

If you believe your personal information or data was deceptively collected or shared when you were convinced otherwise, take our quick and easy quiz to find out if you qualify for a lawsuit in minutes.

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