Facts

Because advertising is a large percentage of Google LLC's revenue, Google's advertising platform relies heavily on geotargeted (location-based) advertising. Google also uses its location data to develop behavioral profiles of users to help determine which ads would best serve individual consumers. On September 14, 2023, the State of California filed suit against Google in Santa Clara Superior alleging violations of the state's Unfair Competition and False Advertising laws.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant deceived users in regards to how it collected, stored, and used a person's location data. For example, defendant conveyed that if users turned off their "Location History" setting, defendant would not store their location data; however, even when users turned off the "Location History" setting, defendant continued to collect and store users' location data through other sources. Plaintiff also alleged defendant deceptively conveyed that consumers were able to opt out of location-targeted advertisements.

DEFENDANT'S CONTENTIONS: Defendant denied all material contentions.

Result

Pursuant to the final judgment that memorialized the terms of the parties' settlement, defendant must pay the state $93 million and is further subject to several injunctive terms, including: showing additional information to users when enabling location-related account settings; providing further transparency regarding location tracking; providing users with detailed information as to defendant's collection of location data and how it is used through a "Location Technologies" webpage; disclosing to users that their location information may be used for personalized advertisements, and that prior to using location history data, ad targeting profiles may be built around the location history provided; and obtaining review of its internal policies and document approvals for material changes to location-setting and ad personalization disclosures that will have a material impact on privacy.