June 10 (Reuters) - People who accused Google of
illegally collecting their personal information, after they
chose not to synchronize their Google Chrome browsers with their
Google accounts, cannot sue the Alphabet unit as a
group in a class action, a U.S. judge ruled.
In a decision on Monday, U.S. District Judge Yvonne Gonzalez
Rogers in Oakland, California agreed with Google that it was
appropriate to address case-by-case whether millions of Chrome
users understood and agreed to its data collection policies.
"Inquiries relating to Google's implied consent defense will
overwhelm the damages claims for all causes of action," Rogers
wrote.
She dismissed the proposed damages class action with
prejudice, meaning it cannot be brought again. The judge also
said Chrome users cannot seek policy changes as a group.
David Straite, a lawyer for the plaintiffs, declined to
comment on Tuesday. Sandi Knight, vice president of litigation
at Google, in a statement said the company appreciated the
decision, and that Chrome Sync has "clear privacy controls."
Class actions let plaintiffs seek potentially greater
recoveries at lower cost than they could in individual lawsuits.
The decision followed a ruling last August by the federal
appeals court in San Francisco, which said Rogers should
consider whether reasonable Chrome users consented to letting
Google collect their data when they browsed online.
Chrome users pointed to Chrome's privacy notice, which said
they "don't need to provide any personal information to use
Chrome" and Google would not collect such information unless
they turned on the "sync" function.
Rogers had dismissed the case in December 2022. She said she
oversees two other privacy cases against Mountain View,
California-based Google, but the claims in those cases differed
"significantly."
The appeals court ruling followed Google's 2023 agreement to
destroy billions of records to settle a lawsuit claiming it
tracked people who thought they were browsing privately,
including in Chrome's "Incognito" mode.
The case is Calhoun et al v Google LLC, 9th U.S. Circuit
Court of Appeals, No. 22-16993.