The Memo: Google loses data theft class action lawsuit

Big tech class action lawsuits have been on the rise over issues relating to AI, privacy violation and tech product recalls. While this has been especially noticeable in the US, the trend is still present here in the UK, where there are over 20 active class action lawsuits against companies such as Apple, Google, Meta and Instagram. These cases have a total estimated value of £30 billion in damages.  

Recently, plaintiffs in the US led a successful class action against Google’s parent company, Alphabet. The claim was initially filed back in 2019 on behalf of 14 million Californians, and alleges that data transfers were made without permission while devices were idle. Google has stressed that no Android users have been harmed by the data transfers and users consented when they agreed to the terms of service and privacy policies. 

However, it was argued by plaintiffs that the Android operating system was designed to secretly transmit user information without notice or consent, even when not connected to Wi-Fi and, in turn, consumed customers' cellular data. As such, a jury found that this unauthorised consumption constituted conversion, whereby a person or company converts another’s property for their own use without permission. This is typically applied in the context of theft or misuse of tangible property, thus introducing a new precedent concerning the legal considerations of data as property. 

Google will now have to pay out a whopping $314.6 million to affected users, but the company has announced that it will be appealing the decision. In the meantime, another class action has been filed on behalf of users in the rest of the US and is scheduled for trial in April 2026. As the class period dates back to 2016 and involves a huge number of devices, this suit could potentially reach billions in damages.