Google Cookie Class Action Survives

The US Court of Appeals for the Third Circuit has allowed a class action to proceed against Google relating to the company’s practice of side-stepping “cookie-blockers” on Internet Explorer and Safari’s browsers to track users’ internet activities without their consent.   The class action brought a pot pourri of claims against Google.  A Court upheld the dismissal of a number of claims, but re-opened the way for the plaintiffs to pursue claims of privacy violation under the California Constitution and California tort law.

The Court ruled that, if the plaintiffs’ factual pleadings are ultimately substantiated, it could be open to a reasonable jury to conclude that there was a “serious invasion of privacy” on the basis that Google deliberately overrode the “cookie-blockers” on Internet Explorer and Safari’s browsers and, at the same time, it held itself out as respecting the “cookie-blockers”.   As part of this finding, the Court noted that “Google’s alleged conduct was broad, touching untold millions of internet users; it was surreptitious, surfacing only because of the independent research of Mayer and the Wall Street Journal; and it was of indefinite duration …“.

Link (US Court of Appeals, Third Circuit): In re: Google Cookie Placement Consumer Privacy Litigation