Federal Jury Orders Google to Pay About $425 Million in Smartphone Privacy Suit
Jury found Google collected data from millions of devices after users turned off a tracking setting; company says it will appeal
A federal jury in San Francisco on Wednesday ordered Google to pay roughly $425 million after finding the company collected data from millions of smartphones even after users had turned off a tracking setting in their Google accounts.
The verdict follows a more-than-two-week trial in a class-action lawsuit that said Google accessed, saved and used data in violation of privacy assurances associated with the Web & App Activity setting. The class covered about 98 million smartphones in the United States that operated between July 1, 2016, and Sept. 23, 2024. Plaintiffs had sought more than $31 billion in damages.
The eight-person jury found Google liable on two of three claims brought by the plaintiffs but determined the company had not acted with malice, a finding that precluded punitive damages. The award works out to about $4 per device, according to court reporting.
A Google spokesperson said the company would appeal the decision. "This decision misunderstands how our products work, and we will appeal it," the spokesperson said. "Our privacy tools give people control over their data, and when they turn off personalisation, we honour that choice."
Plaintiffs' attorneys described the verdict as a vindication of users' claims that Google continued to collect data after the Web & App Activity setting was switched off. "We are, obviously, very pleased with the verdict the jury returned," said David Boies, one of the lawyers representing the users.
The suit, filed in July 2020, alleged that Google’s software collected user information from mobile devices over an extended period, despite providing users with privacy controls intended to stop such collection. Plaintiffs argued the collection contravened privacy assurances associated with the Web & App Activity setting. The trial focused on whether Google's actions violated state privacy laws and the terms represented to users.
Testimony and evidence presented at trial addressed technical aspects of how Google’s services interacted with mobile devices and how control settings behaved in practice. The jury’s mixed verdict — finding liability on some claims but rejecting others and declining to find malice — indicates it concluded there were unlawful data-collection practices but not intentional, malicious conduct.
Legal analysts noted that the monetary award, while substantial in the aggregate, is far below the more than $31 billion in damages the plaintiffs initially sought. The per-device figure underscores how class-action awards can translate to modest individual recoveries when spread across large user bases. The ruling also leaves unresolved broader questions about the interpretation of privacy controls and the strength of user-facing assurances in software settings.
The verdict adds to a string of legal and regulatory challenges facing major technology companies over data collection and user privacy. Observers expect Google to appeal the verdict, a move that could prolong litigation and bring the dispute before an appellate court where questions about the application of state privacy statutes and the scope of user consent may be revisited.
Representatives for the plaintiffs and Google did not immediately provide additional details about next steps following the verdict. The case highlights persistent tensions between user privacy expectations and the technical complexity of modern digital services, and it may influence how companies describe and implement privacy controls in consumer products going forward.