Case Updates
BFA Secures Important Win for Google Account Holders in Real-Time Bidding Privacy Litigation
On Monday, June 13, 2022, BFA and its co-counsel prevailed over Google’s motion to dismiss a landmark lawsuit seeking to hold Google responsible for the sale of consumers’ information through Google’s Real-Time Bidding auction, one of the largest online marketplaces for advertising. U.S. District Judge Yvonne Gonzalez Rogers of the Northern District of California issued an order denying Google’s motion to dismiss BFA’s complaint, which alleges in great detail how Google discloses users’ personal information to Google RTB participants billions of times every day.
In her order, Judge Gonzalez Rogers sustained all but one of Plaintiffs’ claims—a major achievement for a privacy action of this size. Judge Gonzalez Rogers found that Google’s alleged disclosure and sale of users’ information on RTB violated Google’s contract with users and invaded their reasonable expectation of privacy. The Court also found that Google had publicly disclosed users’ private information when it made that information available to hundreds of RTB participants. Further, Judge Gonzalez Rogers upheld Plaintiffs’ statutory claims based on a finding that users’ communications with websites, including information about the websites the user visited, is content under federal and California law.
“We appreciate the Court’s thorough analysis on these important issues, and look forward to continuing to advocate on behalf of Google account holders in this case,” said Lesley Weaver of BFA. Lesley also serves as Co-Lead Counsel in In re Facebook, Inc. Consumer Privacy User Profile Litigation, a case arising from the March 2018 news that Facebook users had their information collected by data mining firm Cambridge Analytica. That matter is also pending in the Northern District of California, and is the subject of fierce litigation.
A copy of the Court’s order can be found under the Downloads & Links to the right. If you have concerns about Google selling your personal information or want to know more, please contact us at GoogleDontSellMyInfo@bfalaw.com.
In her order, Judge Gonzalez Rogers sustained all but one of Plaintiffs’ claims—a major achievement for a privacy action of this size. Judge Gonzalez Rogers found that Google’s alleged disclosure and sale of users’ information on RTB violated Google’s contract with users and invaded their reasonable expectation of privacy. The Court also found that Google had publicly disclosed users’ private information when it made that information available to hundreds of RTB participants. Further, Judge Gonzalez Rogers upheld Plaintiffs’ statutory claims based on a finding that users’ communications with websites, including information about the websites the user visited, is content under federal and California law.
“We appreciate the Court’s thorough analysis on these important issues, and look forward to continuing to advocate on behalf of Google account holders in this case,” said Lesley Weaver of BFA. Lesley also serves as Co-Lead Counsel in In re Facebook, Inc. Consumer Privacy User Profile Litigation, a case arising from the March 2018 news that Facebook users had their information collected by data mining firm Cambridge Analytica. That matter is also pending in the Northern District of California, and is the subject of fierce litigation.
A copy of the Court’s order can be found under the Downloads & Links to the right. If you have concerns about Google selling your personal information or want to know more, please contact us at GoogleDontSellMyInfo@bfalaw.com.