A class-action lawsuit in California has been filed alleging that Google continues to track the internet activity of their Chrome browser users even when they’re in “Incognito” mode.

Boies Schiller & Flexner filed the lawsuit seeking a minimum of $5 billion in damages on the grounds that Google’s presentation of incognito mode on Chrome “intentionally deceive[s] consumers.”

When you open a Google Chrome window in incognito mode, it does not save your search history, but analytics data is still sent to websites you visited via Google Analytics and Google Ad Manager. When you open an Incognito window, the browser tells you your data may still be visible to “websites you visit,” “your employer or school,” and “your Internet service provider.”

Google claims that they have been upfront with their users that data while browsing on incognito mode may still be sent to third parties. 

We strongly dispute these claims and we will defend ourselves vigorously against them,” a Google spokesman has told media suit Business Insider, “Incognito mode in Chrome gives you the choice to browse the internet without your activity being saved to your browser or device. As we clearly state each time you open a new incognito tab, websites might be able to collect information about your browsing activity during your session“.

The lawsuit currently has three plaintiffs attached, and is seeking a minimum of $5,000 per plaintiff.

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