If You Purchased a Google Device with Google
Assistant Pre-Installed, A Class Action Lawsuit May Affect Your
Rights.
La información proporcionada en este aviso
está disponible en español
en www.googleassistantprivacylitigation.com
COLCHESTER, Conn., July 26,
2024 /PRNewswire/ -- A class action lawsuit is
pending against Google LLC and Alphabet Inc. ("Google") in the U.S.
District Court for the Northern District of California (the "Court"). The case is styled
In re Google Assistant Privacy Litigation, No. 19-cv-04286
(N.D. Cal.). Plaintiffs in the lawsuit allege that
Google Assistant can activate and record communications even when a
user does not intentionally trigger Google Assistant with a hot
word, like "Okay Google," or manually activate Google Assistant on
their device. Plaintiffs refer to such instances as "False Accepts"
and allege that Google wrongfully collects, uses, and
discloses user audio recordings resulting from False Accepts to
improve the speech recognition abilities of Google Assistant.
Plaintiffs allege Google's conduct constitutes a
breach of the privacy assurances that Google makes to users in its
Privacy Policy and is an unlawful practice under California's Unfair Competition Law ("UCL")
(collectively, the "Class Claims"). Google denies Plaintiffs'
allegations. The Court has not made any determination as to who is
right or whether Google did anything wrong but has decided that the
Class Claims should proceed as a class action on behalf of a
"Class," or a group of people, that could include you.
If you're included in the Class, you have to decide whether to
(1) stay in the Class and be bound by the results of the case as to
the Class Claims or (2) ask to be excluded and keep your right to
separately pursue these claims against Google. Only purchasers of
certain devices manufactured by Google, whose Gmail accounts were
associated with that device during a certain time period, are Class
Members. If you are not a Class Member, you do not need to take any
action.
Who is in the Class?
The Court certified the following Class:
All Users in the
United States who purchased a Google-Made Device, where:
-
- "Users" are individuals whose Gmail accounts were associated
with at least one Google Assistant Enabled Device during the class
period from May 18, 2016 to
December 16, 2022;
- "Google Assistant Enabled Devices" are devices that come with
Google Assistant pre-installed; and
- "Google-Made Devices" are Google Assistant Enabled Devices
manufactured and sold by Google, including Google's Pixel
Smartphones; Smart Home Speakers (Google Home, Google Home Mini,
Google Home Max, Nest Audio, Nest Mini); Smart Displays (Google
Home Hub, Nest Hub, Nest Hub Max); Laptops and Tablets (Pixelbook,
Pixelbook Go, Pixel Slate); Digital Media Players (Chromecast with
Google TV); and Wireless Earphones (Pixel Buds, Pixel Buds A
Series, Pixel Buds Pro).
A more detailed Long-Form Notice,
including the exact Class definition and exceptions to Class
membership, is available at
www.googleassistantprivacylitigation.com.
Your Rights and Options
DO NOTHING: If you are a Class Member and do
nothing, you are choosing to stay in the Class and may be able to
share in any money or benefits that may be recovered in this case.
You will be bound by all Court orders and any judgment entered or
settlement reached in the lawsuit, whether favorable or
unfavorable, and you will give up your right to separately pursue
these claims against Google.
EXCLUDE YOURSELF FROM THE CLASS: The Court will exclude
any person who timely asks to be excluded. If you exclude yourself
from the Class (i.e., opt out), you will not be entitled to
money or benefits if they are awarded or recovered. You will not be
bound by any orders or judgments of the Court, and you will not
give up your right to separately pursue these claims against
Google. The deadline to exclude yourself is September 9, 2024. Specific instructions on
how to request exclusion are available at
www.googleassistantprivacylitigation.com.
When and Where Is the Trial?
Class Counsel will have to prove Plaintiffs' allegations at a
trial. The trial is scheduled to begin on September 22, 2025, at the United States District Court, Northern
District of California,
San Jose Courthouse, Courtroom 3,
5th Floor, 280 South 1st Street, San
Jose, CA 95113. During the trial, a jury and the Judge will
hear all the evidence to help them reach a decision about which
party is right about the allegations in the lawsuit. There is no
guarantee that Plaintiffs will win or that they will be able to get
money for all or some of the members of the Class.
Want More Information?
If you have questions about your rights, go to
www.googleassistantprivacylitigation.com, call 1-877-411-4704, or
write to:
Google Assistant Privacy Class Action
c/o A.B. Data, Ltd.
P.O. Box 170500
Milwaukee, WI 53217
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SOURCE A.B. Data, Ltd.