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Google Faces Class Action Over Alleged Mobile Phone Privacy Violations

Google has been cleared to face a privacy class action lawsuit after a federal judge ruled that the company must answer claims it collected personal data from users’ mobile phones despite their attempt to disable tracking features. This ruling opens the door to a potential trial in August.

The class action, which targets both Android and non-Android users, accuses Google of violating California’s law against unauthorized computer access by collecting personal browsing histories without users’ consent. Users argue that despite disabling the “Web & App Activity” setting meant to prevent tracking, Google continued to capture and store their data.

Chief Judge Richard Seeborg of the U.S. District Court for the Northern District of California rejected Google’s arguments that it had adequately disclosed its data collection practices and that users consented to the tracking. In his 20-page ruling, Seeborg pointed to internal Google communications indicating that employees were aware that users might find the company’s data practices “alarming.” Google’s ambiguous disclosures about data collection, both within and outside Google accounts, were seen as a potential violation of users’ privacy.

In response to the ruling, Google denied the allegations, asserting that its privacy controls have been transparent and are being misrepresented. The company plans to continue defending its practices in court, calling the claims “patently false.” The plaintiffs’ lawyers, however, have yet to provide a comment.

The trial is currently scheduled for August 18, and this lawsuit follows a similar case involving Google’s Chrome browser, where the company agreed to destroy billions of data records after being accused of tracking users in “Incognito” mode. The legal teams behind both cases have valued the earlier settlement at over $5 billion.

 

Texas Sues Allstate for Collecting Driver Data Without Consent

The state of Texas has filed a lawsuit against Allstate, accusing the insurer of illegally tracking drivers through their cell phones without their consent. Texas Attorney General Ken Paxton claims that Allstate created “the world’s largest driving behavior database” by paying mobile app developers millions of dollars to secretly incorporate tracking software into apps. The lawsuit, filed in a Texas state court near Houston, alleges that Allstate used the data to justify raising car insurance premiums, denying coverage, and selling the data to other insurers.

The tracking software, developed by Allstate’s data analytics unit Arity, was integrated into widely used apps such as Fuel Rewards, GasBuddy, Life360, and the Allstate-owned Routely starting in 2015. The complaint further asserts that Allstate has also purchased location data directly from vehicle manufacturers, including Toyota, Lexus, Mazda, and Stellantis, to track the movements of policyholders more accurately.

The lawsuit alleges that Allstate’s actions violated Texas laws on data privacy, data brokers, and unfair and deceptive practices by insurers. Texas is seeking restitution, civil fines up to $10,000 per violation, and the destruction of illegally collected data. The state also contends that Allstate profited from this practice by increasing premiums and denying coverage based on the collected data.

This lawsuit follows a similar case filed last August against General Motors, accusing the company of collecting driver data from over 14 million vehicles and selling it to insurers and other businesses without drivers’ consent.

 

US Sues TikTok Over ‘Massive-Scale’ Privacy Violations of Kids Under 13

The U.S. Justice Department has filed a lawsuit against TikTok and its parent company ByteDance for allegedly failing to protect children’s privacy on the platform. The government claims TikTok violated the Children’s Online Privacy Protection Act (COPPA), which mandates parental consent for collecting personal information from users under 13.

TikTok, with around 170 million U.S. users, is also contesting a new law requiring ByteDance to divest its U.S. assets by January 19 or face a ban. The lawsuit, joined by the Federal Trade Commission (FTC), aims to halt TikTok’s “unlawful massive-scale invasions of children’s privacy.” Representative Frank Pallone emphasized the need to separate TikTok from Chinese Communist Party control to safeguard American data.

TikTok disputes the allegations, stating many relate to past practices that have been addressed. The DOJ accuses TikTok of knowingly allowing children to create accounts and share content without parental consent, thereby collecting their personal information unlawfully.

FTC Chair Lina Khan highlighted TikTok’s repeated privacy violations, endangering millions of children. The FTC seeks penalties up to $51,744 per violation per day, potentially amounting to billions of dollars.