Consumers suing Google Inc. over its data collection practices have lost their early appeal to pursue money damages as a class action seeking billions of dollars.
In 2020, plaintiffs sued Google, claiming that Google continued to collect data from users despite their use of private-browsing in Chrome's Incognito mode. The lawsuit seeks $5 billion in damages.
The 9th US Circuit Court of Appeals in San Francisco rejected the plaintiffs' request to appeal a lower court decision last year that denied class action for money damages claims against Google.
The plaintiffs sought an appeals court hearing on the issue mid-case and can still try to revive their money damages claims when there is a final judgment. A jury trial is set to take place in November.
Class-action status would mean the plaintiffs could pursue large-scale claims against Google as a group, as opposed to filing individual claims for monetary damages. The damages class would consist of at least tens of millions of Google browser users, according to court filings.
The plaintiffs, whose lawyers included veteran litigator David Boies of Boies Schiller Flexner, had argued in the 9th Circuit that the lower court ruling in December denying class certification on damages sounds like a 'death knell' for many users' damages claims that don't have the means to individually litigate this case. Google's attorneys at Quinn Emanuel Urquhart Sullivan had requested the 9th Circuit not to allow the immediate appeal and instead wait to hear from the parties after a final order.
Google has denied that it deceived anyone over private-browsing, saying that its Chrome browser users consented to the company's data collection.
A spokesman for Google wouldn't say anything about Wednesday's decision.
The lower court has also certified two other classes that can seek other relief from Google, including curbing certain data collection practices, because the plaintiffs can't seek money damages as a class.
Boies and another plaintiffs' lawyer didn't respond immediately to a message on Thursday seeking comment.