Google Browser Tracking Case Revived by Third Circuit
The Third Circuit federal appeals court revived a class action lawsuit against Google and certain of its advertisers for allegedly invading users’ privacy by secretly bypassing cookie blockers to enable advertisers to target potential customers. On Nov. 10, the Third Circuit held that, under California’s privacy laws, the lawsuit could proceed to determine whether Google “intruded upon reasonable expectations of privacy” and whether “a reasonable factfinder could indeed deem Google’s conduct ‘highly offensive’ or ‘an egregious breach of social norms,’” and therefore sent the case back to trial court. But, the appellate court upheld the lower court’s dismissal of most of the other claims against Google and the advertisers, including under the Federal Wiretap Act, Stored Communications Act, and Computer Fraud and Abuse Act, and under California’s Invasion of Privacy Act, Unfair Competition Law, Comprehensive Computer Data Access and Fraud Act, and Consumers Legal Remedies Act. Google previously reached a $22.5 million settlement with the FTC and a $17 million settlement with 37 states and the District of Columbia for the alleged unauthorized placement of cookies.
