Google Challenges $425M Privacy Verdict to 9th Circuit Court

Google has taken its first step in appealing a $425 million privacy verdict after a jury found the tech giant liable for violating mobile users' privacy. The company filed a notice of appeal on Monday, September 19, 2022, to the 9th Circuit Court of Appeals. This move comes after a lawsuit dating back to 2020, when lead plaintiff Anibal Rodriguez and others alleged that Google gathered analytics information even after they attempted to block data collection.

The plaintiffs specifically claimed that Google uses its Analytics for Firebase code to collect app-related data, even when users toggle off the 'Web & App Activity' setting. In September, a jury determined after trial that Google was liable for two related privacy claims: 'intrusion upon seclusion' and 'invasion of privacy.' The jury assessed damages at $425 million.

Google has argued that determining whether a privacy violation is 'highly offensive' requires a person-by-person analysis. However, Judge Seeborg rejected this request, writing that the mobile users' theory is that Google's data collection was 'inherently offensive.' The 9th Circuit hasn't yet set a schedule for the appeal.