Attorneys General Suing Google Over Location Data Collection

The D.C. attorney general is leading other state AGs alleging Google mislead consumers into believing they could disable location tracking.

Attorneys General Suing Google Over Location Data Collection
PARIS, FRANCE – FEBRUARY 24: Google CEO, Sundar Pichai delivers a speech to the Sciences Po students on February 24, 2016 in Paris, France. For his first European tour since his appointment at the head of Google, Sundar Pichai made a first stop in Paris, where he delivered a speech at Sciences Po. The French tax authorities demanded 1.6 billion euros (1.76 billion dollars) in back taxes to Google today. (Photo by Chesnot/Getty Images)

WASHINGTON, January 24, 2022 – The Office of the Attorney General for the District of Columbia has filed a lawsuit Monday against Google alleging “deceptive and unfair practices” related to obtaining consumer location data.

Attorney General Karl Racine‘s office argues that Google has been in violation of D.C.’s “Consumer Protection Procedures Act” since at least 2014. According to the complaint, Google is alleged to have lied to consumers, intentionally giving them the impression that they can disable Google’s ability to collect and retain user location data.

“In reality, consumers who use Google products cannot prevent Google from collecting, storing, and profiting from their location,” the complaint reads.

The documents outline that Google’s primary source of revenue is earned through digital advertising, and thus, Google was incentivized to harvest consumers’ personal data to better target ads – an effort that is significantly improved by collecting location data from users.

“Location data is among the most sensitive information Google collects from consumers,” the complaint says. “Location can also be used to infer personal details such as political or religious affiliation, sexual orientation, income, health status, or participation in support groups, as well as major life events, such as marriage, divorce, and the birth of children.”

Racine’s office is leading the effort with attorneys general in Texas, Indiana and Washington filing their own complaints, he said on Twitter.

The complaint further explains that due to reporting done Associated Press in 2018, it was revealed that Google explicitly deceived customers by allowing them to believe they have opted out of location tracking when the reality is their decision has no bearing on what kind of data Google collects.

“The AP story exposed that Google’s promise to consumers was false. Even when consumers explicitly opted out of location tracking by turning the Location History setting off, Google nevertheless recorded consumers’ locations via other means,” the complaint said.

The ubiquity of Google products and services only compounds the risk, the plaintiff argues, as Google products are found “essentially everywhere consumers go.”

“Google uses this window into consumers’ lives to sell advertising that is ‘targeted’ to consumers according to personal details Google has learned about them, including their demographics, habits, and interests.”

Targeted ads have long been in regulator’s sights, both in the E.U. and the U.S..

The complaint states that it is in Google’s best financial interest to obfuscate exactly what data is being collected, how it is being collected, and why. “The Company’s exhaustive surveillance practices are most effective, and therefore most lucrative, where consumers have no clear idea how to limit Google’s access to their personal information.

“The District files this suit to correct the deceptive and unfair practices that Google has used and uses to obtain consumers’ location data, and to ensure that consumers are able to understand and control the extent to which their location data is accessed, stored, used, and monetized by the Company.”

The AG’s office is not only seeking to compel Google to cease these practices, but also forfeit all revenue generated by them.