Chrome users suing Google over data collection in incognito mode lose early appeal

Chrome browser users who filed a lawsuit against Alphabet Inc.'s Google LLC for its data-collecting practices have lost their early appeal seekingmonetary damages in a class action suit. The plaintiffs sued the tech giant back in 2020, claiming that the company continues to collect user data despite them browsing in a private tab or "Incognito" mode.The lawsuit seeks $5 billion in damages.

On Wednesday, the Ninth US Circuit Court of Appeals in San Francisco rejected the plaintiff's bid to appeal a lower court ruling from last year that denied the class action status.

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According to Reuters, attorneys for the plaintiffs argued that the lower court ruling in December denying the class certification on the damages "sounds the 'death knell' for many users' damages claims who lack the means to individually litigate this case."

The plaintiffs still have the option to revive their monetary damages in the case, when there is a final judgement. A jury trial is set for November this year.

A class action status would mean that plaintiffs could pursue large-scale claims against the tech company as a 'group',rather than filing individual claims for monetary damages. According to court filings, these damages would include at least "tens of millions" of browser users.

Google’s attorneys requested the circuit court not to allow an immediate appeal but to wait to hear from the party for a final order.

The tech giant denied claims that it deceived anyone by collecting private data, saying its Chrome browser users consented to its data collection.

The decision means that plaintiffs cannot seek any monetary damages as a class, but the lower court certified two other classes that can seek other reliefs from Google, including limiting certain data collection practices.

(With inputs from agencies)

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