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Data Privacy,
Civil Litigation

Jun. 18, 2020

‘Incognito’: class action alleges it does not mean what you think it means

The complaint alleges that although Google tells users that it’s Incognito mode allows them to “browse privately,” Google is actually collecting just as much data about those Incognito users as it does from anyone else.

Amy Lawrence

Counsel
Frankfurt Kurnit Selz & Klein

Email: alawrence@fkks.com

Amy is counsel in the firm's Privacy & Data Security team. Her practice places her on the cutting edge of privacy and data security law, and where she regularly advises on data collection and use issues in the advertising and ad-tech industries.

In Brown et al. v Google LLC et al., 20-3664 (N.D. Cal., filed June 2, 2020), a class action complaint filed early this month, plaintiffs take aim at Google for its “surreptitious tracking” of website visitors, using a plan of attack recently given the stamp of approval by the 9th U.S. Circuit Court of Appeals. Here, the complaint alleges that although Google tells users that it’s Incognito Mode allows them to “browse privately,” Google is actually collecting just as ...

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