Google vs. Users: The Web & App Activity Lawsuit and the Google Incognito Case – What You Need to Know

The legal battle between Google and its users over data collection practices has reached a pivotal stage as of January 2025. At the core of this lawsuit lies the allegation that Google misled users about its “Web & App Activity” (WAA) settings, continuing to collect personal data even when users explicitly disabled these features.

Beyond this, Google also faces another major privacy lawsuit regarding its Incognito Mode, further intensifying concerns about digital privacy. This blog explores the background of both lawsuits, recent developments, their implications, and what lies ahead.

What is the Web & App Activity Lawsuit?

The lawsuit focuses on accusations that Google violated user privacy by collecting data through its WAA settings, even when these settings were turned off. The plaintiffs argue that:

• Google continued tracking user activity across third-party apps and websites.
• The company misrepresented its data collection practices.
• These practices violated federal and state privacy laws.

Rodriguez v. Google LLC: A Major Privacy Battle

The case, titled Rodriguez v. Google LLC, began with four Google account holders filing a class-action lawsuit. They alleged that Google’s actions were deceptive and breached the implied trust between the company and its users.

Key Timeline of Events

• Class Certification (2024): The court granted class-action status, allowing all affected users who meet certain criteria to join. Millions of users who disabled WAA but still had data collected are now part of the case.
• Opt-Out Deadline (January 6, 2025): Users who do not opt out automatically become part of the lawsuit and waive their right to file separate legal claims.
• Trial Date (February 2025): The trial will determine whether Google violated user privacy and if it owes compensation to affected users.

Understanding Web & App Activity (WAA) Settings

The WAA feature, introduced by Google to enhance user experience, allows the company to store user data such as:

• Searches on Google services.
• Activities on Google apps.
• Interactions with third-party apps and websites.

When users disable WAA, they expect their data will no longer be tracked or stored. However, the lawsuit alleges that Google continued tracking users through alternative methods, including embedded code in third-party apps.

Google’s Defense

Google has denied any wrongdoing, maintaining that:

• Its data collection practices are transparent.
• Users are provided with clear information about WAA and other privacy settings.
• Data collection complies with applicable laws and enhances user experience.

Google also points to its efforts to improve privacy through updates, including more transparency in how data is handled.

What’s at Stake?

This lawsuit could redefine how tech companies manage user data and communicate privacy settings.

Potential Outcomes:

• For Users: A win could lead to monetary compensation and stricter controls over how user data is collected and used.
• For Google: A loss could result in financial penalties, mandatory changes to privacy policies, and a reputational hit.
• For the Tech Industry: The case may set a legal precedent, influencing how other companies design and implement data collection mechanisms.

Google Incognito Lawsuit: What’s Happening?

Google faces another lawsuit over its Incognito Mode, which claims that the company misled users about private browsing. The lawsuit alleges that:

• Google continued tracking user activity in Incognito Mode despite claims that browsing was private.
• Data from supposedly private sessions was collected and stored.
• Google’s practices violated user trust and state privacy laws.

Key Developments in the Incognito Lawsuit

• Class-Action Certification: The lawsuit was granted class-action status in 2024, allowing millions of Chrome users to join.
• Settlement Agreement: Google agreed to delete billions of data records collected from Incognito Mode users and alter its disclosures on what data is collected.
• Ongoing Scrutiny: Regulators continue to investigate Google’s data practices to ensure compliance with privacy laws.

How to Join the Google Incognito Lawsuit?

Users who used Google Chrome’s Incognito Mode and suspect their data was collected may be eligible to join the class-action lawsuit.

Steps to Join:

1. Check Eligibility: If you have used Incognito Mode between 2016 and 2024, you may be eligible.
2. Visit the Official Lawsuit Page: Google has been required to set up a website where users can check their status.
3. Submit a Claim: If eligible, you may need to fill out a claim form and provide proof of Incognito browsing activity.
4. Opt-Out Option: If you prefer to pursue individual legal action, you must opt out of the class-action lawsuit before the deadline.

Implications for Digital Privacy

These lawsuits highlight several critical issues regarding digital privacy:

• User Awareness: Many users do not fully understand the privacy settings of the digital services they use.
• Corporate Accountability: Tech companies must be transparent about their data collection practices.
• Regulatory Enforcement: Governments may impose stricter regulations on data privacy to prevent similar incidents in the future.

Broader Context: Antitrust and Privacy Concerns

Google’s legal troubles are part of a larger trend of regulatory scrutiny on tech giants.

Other Notable Cases:

• US Department of Justice vs. Google: The DOJ proposed breaking up Google’s monopoly in the search engine market, including divesting the Chrome browser.
• Epic Games vs. Google: The lawsuit challenges Google Play Store policies, alleging anti-competitive behavior.

These cases indicate growing concerns about monopolistic practices in the tech industry.

Steps Users Can Take to Protect Their Privacy

While these lawsuits unfold, users can take proactive steps to safeguard their digital privacy:

• Review Privacy Settings: Regularly check settings on Google, Facebook, and other platforms.
• Limit Permissions: Only grant necessary app permissions.
• Use Privacy-Focused Tools: Consider alternatives like DuckDuckGo, Brave, or VPN services.
• Stay Informed: Follow updates about privacy policies and changes.

Conclusion: A Pivotal Moment for Digital Privacy

As the February 2025 trial for the Rodriguez v. Google LLC case approaches, alongside the settlement of the Google Incognito lawsuit, the battle over user privacy is intensifying. These cases not only challenge Google’s data practices but also raise broader questions about corporate responsibility and user empowerment in the digital age.

The outcomes could reshape privacy laws and set a precedent for tech companies worldwide. Whether these lawsuits result in significant changes to Google’s operations or broader regulatory reforms, their impact will resonate throughout the tech industry, marking the beginning of a new era of transparency and accountability.