Google to Pay Arizona $85 Million to Settle Location Data Lawsuit

A mobile phone and laptop with the Google website, on Dec. 14, 2020. Laurie Dieffembacq/BELGA MAG/AFP via Getty Images

Google will pay $85 million to settle a lawsuit brought by Arizona Attorney General Mark Brnovich over the way the company used people’s location data.

Brnovich’s office alleged Google deceptively obtained user location data to “make billions of dollars in profit” in what the office called “one of the biggest consumer fraud lawsuits in Arizona history.”

The settlement represents the largest amount per capita Google has paid in a consumer fraud and privacy lawsuit of this kind, according to the attorney general’s office.

Brnovich began investigating Google in 2018 after reports that some of the company’s apps continued to track user location data even if they had switched off the location history feature.

The attorney general’s office noted that Brnovich, who sued Google in Arizona state court in 2020, was the first to take the tech giant to state court over “dark patterns,” or coercive design tactics, built into the software that are designed to manipulate users’ behavior.

“When I was elected attorney general, I promised Arizonans I would fight for them and hold everyone, including corporations like Google, accountable,” Brnovich said in a statement. “I am proud of this historic settlement that proves no entity, not even big tech companies, is above the law.”

Arizona Attorney General Mark Brnovich (L) discusses the problem of human trafficking in Arizona at a press conference in Scottsdale, Ariz., on June 22, 2022. Allan Stein/The Epoch Times

Brnovich alleged that Google engaged in deceptive and unfair practices by tracking user location data after users turned off that feature.

“When users turned off their Location History in settings, Google continued to surreptitiously collect their location through other settings such as Web & App Activity and the company used that information to sell ads,” the Arizona attorney general’s office said.

In 2019, more than 80 percent of Google’s $161 billion revenue was generated through advertising. Google collects detailed information about users, including their physical locations, to target ads to them in specific locations, which Brnovich’s office said is “regularly done without the users’ knowledge or consent.”

Settlement

According to court documents (pdf), both parties decided to settle after assessing the legal issues to avoid the costs and uncertainties of a trial, which was due to begin on Oct. 24.

Under the terms of the settlement, Arizona’s Legislature will direct $77.25 million to the state’s general fund to spend on education, broadband, and internet privacy efforts.

The attorney general’s office will also direct $5 million to an accredited law school that maintains programs for the education of attorney general staff and judges regarding consumer protection issues and to a bipartisan association for state attorneys general with programs about consumer protection issues and related training.

The settlement noted that nothing in the agreement constitutes an admission of wrongdoing or violations of law.

A Google spokesperson said the company now provides straightforward controls and auto delete options for location data and is always working to minimize the data it collects.

“We are pleased to have this matter resolved and will continue to focus our attention on providing useful products for our users,” Google spokesperson José Castañeda said in comments obtained by Axios.

The Epoch Times has asked Google for further comment.