GoKawiilIf you have an Android phone and you live in the US, you may be eligible to claim part of an upcoming $135 million settlement payout. The case centers on the allegation (PDF) that Google "effectively forces users to subsidize its surveillance by secretly programming Android devices to constantly transmit user information" using the very same cellular data that customers purchased themselves.
The class-action lawsuit Joseph Taylor v. Google (PDF) alleges that, starting in 2017, Google updated Android OS to automatically collect cellular data via carriers, with no way for users to opt out. The lawsuit alleges that this data collection occurred even when people took steps such as disabling location tracking or closing apps.
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The lawsuit also makes another significant allegation: that Google's data collection practices constituted a crime called conversion. Conversion occurs when one party takes property from another with the intent to deprive them of it. No prior conversion case has ever settled for a sum as large as $135 million.
Google has denied any wrongdoing, and the court has not decided if the company violated any laws. Regardless, Google has agreed to settle with class members, and the court has preliminarily approved the settlement payment.
"We are pleased to resolve this case, which mischaracterized standard industry practices that keep Android safe. We're providing additional disclosures to give people more information about how our services work," said Google spokesperson José Castañeda.
The official settlement website is live now, but payment is subject to the court's final approval meeting. This meeting is currently scheduled for June 23. The meeting will confirm the payment sum, allocate attorneys' fees and create a distribution plan to make sure the money gets to eligible class members. Any changes to the scheduling of the final approval meeting will be reflected on the settlement website.
If you fit all of the criteria to be a class member in this case, you're automatically eligible to receive a part of the settlement payment sometime after the final approval hearing. Crucially, however, you're not guaranteed to receive any money unless you select a preferred method of payment on the settlement website by June 23.
You can opt out of the settlement payment if you'd like to retain your right to sue Google over its alleged Android data harvesting practices separately, but you must do so by May 29, or you'll be legally bound as a member of this settlement class.
The lawsuit could have significant implications for data privacy and other data collection practices. It will also force a change to Google's terms of service. The company has agreed to obtain more explicit consent from Android users when first using new phones, to include a toggle button to turn off certain types of data collection and to disclose data collection more clearly.
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