Case No. 20-cv-4688-RS (N.D. Cal.)
Plaintiffs in this lawsuit sued Google alleging that when someone turned off or “paused” Google’s Web & App Activity setting and/or supplemental Web & App Activity setting, Google lacked permission to collect, save, and use the data concerning their activity on non-Google apps that have incorporated certain Google software code into the apps (such as Uber, Venmo, TikTok, Instagram, Facebook, WhatsApp, etc.). Plaintiffs allege that regardless of whether Class Members had these settings paused or turned off, Google collected app activity data using certain code embedded within many non-Google apps. This embedded code includes the Firebase Software Development Kit and the Google Mobile Ads Software Development Kit, which are written and distributed by Google and placed on apps by third party developers who own the apps. Plaintiffs allege Google used this code to unlawfully access their devices and collect, save, and use data from their activity on non-Google apps for Google’s own benefit.
Google denies Plaintiffs’ legal claims. The Court has not decided who is right.
Back To TopA federal court authorized the Notice because Class Members have a right to know about their legal rights. The Notice only advises you of the existence of this lawsuit, your rights and options, and the deadlines to exercise them if you are a Class Member.
Chief Judge Richard Seeborg of the United States District Court for the Northern District of California is overseeing this lawsuit, known as Rodriguez et al. v. Google LLC, Case No. 20-cv-4688-RS (N.D. Cal.), and has determined that legal claims against Google for invasion of privacy, intrusion upon seclusion, and violation of the California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code § 502, can proceed as a class action. Judge Seeborg "certified" two nationwide Classes: Class 1 and Class 2 (together the "Classes") and you may be a Class Member.
Back To TopIn a class action lawsuit, one or more people called “Class Representatives”—in this lawsuit four Class Representatives—sue on behalf of other people who have similar legal claims. All of these people are “Class Members” and together form a “Class” or “Classes.” One court resolves the lawsuit for all class members, except for those who exclude themselves. The Class Representatives who sued—and all the Class Members like them—are called Plaintiffs. The entity they sued (in this lawsuit, Google) is called the defendant.
Back To TopNo money or benefits are available now. The Court has not decided whether Google did anything wrong, and Plaintiffs and Google have not settled the lawsuit. There is no guarantee money or benefits will be obtained in the future. You will be notified if money or benefits become available.
Back To TopYou are a Class Member if you meet one or more of the definitions below, as certified by the Court:
Comprehensive Computer Data Access and Fraud Act (“CDAFA”)
For the alleged violation of the CDAFA, the Court certified the following classes:
Class 1: All individuals who, during the period beginning July 1, 2016 and continuing through September 23, 2024, (a) had their “Web & App Activity” and/or “supplemental Web & App Activity” setting turned off and (b) whose activity on a non-Google-branded mobile app was still transmitted to Google, from (c) a mobile device running the Android operating system, because of the Firebase Software Development Kit (“SDK”) and/or Google Mobile Ads SDK.
Class 2: All individuals who, during the period beginning July 1, 2016 and continuing through September 23, 2024 (a) had their “Web & App Activity” and/or “supplemental Web & App Activity” setting turned off and (b) whose activity on a non-Google-branded mobile app was still transmitted to Google, from (c) a mobile device running a non-Android operating system, because of the Firebase SDK and/or Google Mobile Ads SDK.
Invasion of Privacy and Intrusion Upon Seclusion
For the alleged invasion of privacy and intrusion upon seclusion legal claims, the Court certified the same Class 1 and Class 2 but excluded individuals who only have an “Enterprise” account or “supervised Google Account for users under age 13” (also known as a “Unicorn” account). An “Enterprise” account is an account managed by an administrator that is designed for use by end users within an organization, such as businesses, non-profits, and schools. A “supervised Google Account for users under age 13” is an account created for a minor when they are under the age of 13, which is created and supervised by a parent using Google Family Link.
Class 1: All “non-Enterprise” and “non-Unicorn” individuals who, during the period beginning July 1, 2016 and continuing September 23, 2024, (a) had their “Web & App Activity” and/or “supplemental Web & App Activity” setting turned off and (b) whose activity on a non-Google-branded mobile app was still transmitted to Google, from (c) a mobile device running the Android operating system, because of the Firebase Software Development Kit (“SDK”) and/or Google Mobile Ads SDK.
Class 2: All “non-Enterprise” and “non-Unicorn” individuals who, during the period beginning July 1, 2016 and continuing through September 23, 2024, (a) had their “Web & App Activity” and/or “supplemental Web & App Activity” setting turned off and (b) whose activity on a non-Google-branded mobile app was still transmitted to Google, from (c) a mobile device running a non-Android operating system, because of the Firebase SDK and/or Google Mobile Ads SDK.
Individuals who signed up for an account type other than an Enterprise or supervised Google Account for users under age 13 could be included for all three legal claims. These individuals could be Class Members for both the invasion of privacy and intrusion upon seclusion classes and the CDAFA classes.
If you are a child for whom a supervised Google Account for users under age 13 was created, please discuss this Notice with your parent or guardian to help you decide whether you may be a Class Member. If you are a parent or guardian supervising a Google Account for users under age 13, and if Google’s records indicate your child may be a Class Member, you will receive a separate Notice. Please review that Notice with your child to help them decide whether they may be a Class Member.
It is possible for you to be a Class Member of one or more of these certified classes.
Back To TopNo. Although these accounts may have been eligible to be included in the Classes certified for these legal claims, the Court later granted Google’s request to exclude Enterprise accounts and supervised Google Accounts for users under age 13 from the invasion of privacy and intrusion upon seclusion Classes. Enterprise and supervised Google Accounts for users under age 13 are still included in the Classes certified for violations of the CDAFA.
The Court has not decided whether individuals with Enterprise accounts or supervised Google Accounts for users under age 13 have valid legal claims for alleged violations for invasion of privacy and intrusion upon seclusion. However, it has determined that those individuals cannot be a part of the existing Classes for the legal claims for alleged violations of invasion of privacy and intrusion upon seclusion. You may hire your own lawyer at your expense if you decide to pursue your own lawsuit.
Back To TopBased on Google’s records, individual Notice is being sent directly to available email addresses for individuals whose Google Web & App Activity and/or supplemental Web & App Activity settings were turned off or “paused” at least once between July 1, 2016, and September 23, 2024.
Back To TopYes. Certain individuals and entities are excluded from the Classes. These include:
If you’re still not sure whether you are a Class Member, please review this website, call the Notice Administrator toll-free at 1-855-822-8821, or write to: Rodriguez v Google, P.O. Box 2749, Portland, OR 97208-2749
Back To TopIf you do nothing, you will remain a Class Member. If Plaintiffs obtain money or benefits from this lawsuit—as a result of a trial or a settlement—you may receive a payment or benefits in the future. If you do nothing now, regardless of whether Plaintiffs win or lose, you will be legally bound by all Court orders and judgments regarding the legal claims in this lawsuit. You will lose the right to bring or maintain a separate lawsuit against Google for the legal claims alleged in this lawsuit.
Back To TopIf you exclude yourself (or “opt out”) from the Class or Classes, you will not receive any money or benefits as a result of a trial or settlement. If you exclude yourself, you will not be legally bound by the Court’s orders and judgments in this lawsuit and you may pursue your own lawsuit against Google for legal claims in this lawsuit. You may hire your own lawyer at your expense if you decide to pursue your own lawsuit. If you exclude yourself so you can start or continue your own lawsuit against Google, you should talk to your own lawyer soon, because your legal claims may be subject to filing deadlines.
Back To TopTo exclude yourself, you must send a written request by mail stating that you want to be excluded from Rodriguez v. Google LLC. You must include your name, address, telephone number, email address, and your signature. You must mail your exclusion request postmarked by February 20, 2025, to:
Rodriguez v. Google Exclusions
P.O. Box 2749
Portland, OR 97208-2749
You cannot exclude yourself on the phone or by email. To exclude yourself, you must do so individually and separately; no consolidated, group, or mass requests for exclusion will be accepted.
If you timely ask to be excluded, you will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Google in the future regarding the legal claims in this lawsuit.
If you do not exclude yourself, you will remain a Class Member and be bound by the orders of the Court in this lawsuit.
Back To TopYes. The Court has appointed the following lawyers as Class Counsel to represent Class Members. If you have questions, you can reach Class Counsel by calling 1-888-884-5720 or by sending an email to: ClassCounsel@GoogleWebAppActivityLawsuit.com.
Mark C. Mao
Beko Reblitz-Richardson
BOIES SCHILLER FLEXNER LLP
44 Montgomery St., 41st Floor
San Francisco, CA 94104
James Lee
BOIES SCHILLER FLEXNER LLP
100 SE 2nd St., 28th Floor
Miami, FL 33131
John A. Yanchunis
Ryan J. McGee
MORGAN & MORGAN
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Bill Carmody
SUSMAN GODFREY LLP
1301 Avenue of the Americas
32nd Floor
New York, NY 10019
Amanda Bonn
SUSMAN GODFREY LLP
1900 Ave. of the Stars, Suite 1400
Los Angeles, California 90067
If there is a judgment against Google or a settlement in the future, Class Counsel will ask the Court to approve and award attorneys’ fees and expenses. The amount of these attorneys’ fees and expenses will ultimately be determined by the Court. You will not have to personally pay the attorneys’ fees and expenses. If the Court grants Class Counsel’s request, the attorneys’ fees and expenses will either be deducted from any money obtained for the Class Members or paid separately by Google.
Back To TopClass Counsel may ask for service awards for the Class Representatives if there is a judgment or settlement in the future. The service awards would be in addition to Class Representatives’ rights as a Class Member to receive a portion of the money or benefit resulting from any such judgment or settlement. The amount of these awards, if any, will ultimately be determined by the Court.
Back To TopYou have the right to hire and appear through your own lawyer, but you do not have to do so. Class Counsel is working on behalf of all Class Members as a whole. If you hire your own lawyer, you will have to pay for your lawyer on your own.
Back To TopIf you have already hired your own lawyer, you should contact your lawyer directly with any questions as to whether this Notice applies to you and how to proceed.
Back To TopThis Notice summarizes the Court’s recent decision to certify the lawsuit as a class action. Key dates and important documents related to the lawsuit can be found on this website. For additional assistance, please contact the Notice Administrator by calling, toll-free, 1-855-822-8821, or writing to Rodriguez v Google, P.O. Box 2749, Portland, OR 97208-2749. If you want to communicate with Class Counsel, you may contact them directly. Contact information for Class Counsel is provided in FAQ 13. You may also hire your own lawyer at your own expense.
You may also obtain information regarding the lawsuit on the Court docket in this lawsuit, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, Phillip Burton Federal Building & United States Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS LAWSUIT. ALL QUESTIONS SHOULD BE DIRECTED TO THE NOTICE ADMINISTRATOR OR CLASS COUNSEL.
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