An avid user of Google Chrome? Then you’re probably familiar with Incognito mode, which allows you to browse privately.
And if you’ve used the Incognito mode within the last four years, you could be in line to receive a sum of $5,000 according to a proposed class-action lawsuit.
In the lawsuit, Google is accused of invading people’s privacy and tracking internet use even when browsers are set to Incognito mode. The suit, filed by a partner at the Boies Schiller Flexner law firm in the U.S. District Court for the Northern District of California, states that the action is due to "Google's unlawful and intentional interception and collection" of confidential communications without the consent of the individuals concerned. "Even when those individuals expressly follow Google’s recommendations to prevent the tracking or collection of their personal information and communications."
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If you open a Google Chrome window in Incognito mode, Google displays a message that states you can “browse privately” and confirms that other people using the device will not see your browsing activity. While this message says that downloads and bookmarks will be saved, your browsing history, cookies, site data and form inputs will not.
A spokesperson from Google said that the company plans to defend itself, because Google has clearly stated in its support page that incognito mode doesn’t hide your activity or location from websites you visit. “Incognito mode in Chrome gives you the choice to browse the internet without your activity being saved to your browser or device," the spokesperson said, "As we clearly state each time you open a new incognito tab, websites might be able to collect information about your browsing activity during your session."
The lawsuit, however, argues that Google does "tracks and collects consumer browsing history," and "accomplishes its surreptitious tracking," using methods such as Google Analytics, the Google Ad Manager and the Google Sign-In button for websites. It would appear to be the use of such tracking tools, and the failure to explicitly include them in the displayed message, that is the crux of the matter here.
The proposed class-action lawsuit is seeking damages of at least $5 billion from Google and its parent company, Alphabet Inc. The proposed class-action suit may include millions of Google browser users – a potential payout of $5,000 for each affected individual – provided the lawyers are successful. It is, however, very early into the legal case, so don’t get your hopes up just yet.