Oct 23 (Reuters) - U.S. Google users who won a $425
million jury verdict in a consumer privacy class action last
month have asked a federal judge to force the Alphabet
unit to forfeit an additional $2.36 billion in profits.
The consumers in a Wednesday court filing called the amount
a "conservative approximation" of Google's allegedly ill-gotten
gains after the jury found the company secretly collected app
activity data from millions of users who had disabled an account
tracking feature.
"The jury found that Google's conduct was highly offensive,
harmful, and without consent," the consumers told Chief U.S.
District Judge Richard Seeborg in San Francisco, who must decide
if disgorgement of profits is allowed and necessary in the
case.
GOOGLE HAS DENIED WRONGDOING, SAID IT WILL APPEAL
The plaintiffs called the $425 million damages verdict
"clearly insufficient to remedy the ongoing and irreparable harm
that Google's conduct continues to inflict."
Google and attorneys for the plaintiffs did not immediately
respond to requests for comment.
Google has denied wrongdoing and said it will appeal. It
argued the data it collected was anonymized and that its privacy
tools give users control over their data.
The 2020 lawsuit alleged Google over an eight-year period
accessed users' mobile devices to collect, save and use their
data, violating privacy assurances under an account setting
called Web & App Activity.
The jury found Google liable on two of three privacy claims
brought by the plaintiffs, who had sought more than $31 billion
in damages at trial.
Despite the verdict, Google has not changed its privacy
disclosures or data collection practices, the plaintiffs said.
Google on Wednesday asked Seeborg to decertify the class of
98 million users and 174 million devices, arguing that the
claims depend on individualized factors such as app usage and
user expectations. It also urged the judge to vacate the
verdict, citing a lack of common issues.