The Google Incognito lawsuit ended in a settlement that gave class members no cash but forced Google to delete billions of private-browsing records, rewrite the warning screen shown when Chrome’s Incognito mode opens, block third-party cookies in Incognito by default for five years, and build a new opt-in control over the data Google shares in real-time ad auctions. A federal judge in Oakland granted final approval on February 17, 2026.1Courthouse News Service. Google Agrees to New Privacy Features in Class Action Settlement
What the Case Was About
Chasom Brown and two other Chrome users sued Google on June 2, 2020, in the U.S. District Court for the Northern District of California.2CourtListener. Brown v. Google LLC The complaint accused Google of intercepting browsing activity even when users switched on Chrome’s Incognito mode or the private-browsing modes of other browsers, then storing that activity in the same user profile as normal browsing history and using it to measure traffic and target ads.3NPR. Google Incognito Mode Settlement Search History
According to the complaint, the collection happened through tools embedded across the web: Google Analytics, Google Ad Manager, website plug-ins, and smartphone apps kept sending data to Google regardless of what mode the browser was in.4AdMonsters. Chrome’s Incognito Mode Doesn’t Camouflage Users’ Data5Courthouse News Service. Judge Advances Most Claims in Chrome Incognito Mode Privacy Case3NPR. Google Incognito Mode Settlement Search History
The class covered U.S. Google account holders who used a Google service and browsed in private mode from June 1, 2016 onward.6ClassAction.org. Brown et al. v. Google LLC et al. (Complaint)
Why There Was No Money for Users
The reason the settlement contains no payments traces back to a December 2022 ruling. U.S. District Judge Yvonne Gonzalez Rogers agreed to certify two classes seeking injunctive relief, one for Chrome Incognito users and one for users of other browsers’ private modes, but refused to certify a class seeking damages. She found that whether each user had impliedly consented to Google’s data collection would require individual analysis that swamped the questions common to the group.7MediaPost. Google Gets Mixed Ruling in Privacy Battle Over Incognito
Without a certified damages class, the plaintiffs had no vehicle to demand cash for the group. Their lawyers valued the eventual injunctive relief at $5 billion using their damages expert’s methods, later revised to $1.4 billion at the final approval hearing. Google put the floor at $740 million. At the approval hearing, Judge Gonzalez Rogers questioned the plaintiffs’ framing of the deal as a “complete win,” given that they never got monetary damages, and faulted Google for prolonging the litigation.1Courthouse News Service. Google Agrees to New Privacy Features in Class Action Settlement
What Google Has to Do
The parties announced a deal on December 28, 2023, and filed terms in April 2024.8NPR. Google Settles $5 Billion Privacy Lawsuit9The Guardian. Google Destroying Browsing Data Privacy Lawsuit The obligations that matter to users:
- Delete or de-identify billions of records reflecting class members’ private browsing dating back to June 1, 2016.10Forbes. Google Chrome Privacy — Over 100 Billion Browsing Records To Be Deleted
- Rewrite the splash screen shown when an Incognito window opens, and update the privacy policy, so that both make clear Google still collects data in private mode.11Silicon Republic. Google Incognito Chrome Private Browsing Data Delete Class Action Lawsuit
- Block third-party cookies by default in Incognito mode for five years.12ABC7 News. Google Lawsuit Incognito Searching Browsing History Third-Party Cookies
- Remove the technical “private browsing detection bits” that had let websites tell when a visitor was in private mode.13Top Class Actions. Google Chrome Incognito Class Action
The revised Incognito notice started appearing in Chrome’s Canary test build on January 15, 2024. It reads: “Others who use this device won’t see your activity, so you can browse more privately. This won’t change how data is collected by websites you visit and the services they use, including Google.”14SC World. New Chrome Incognito Tab Discloses Google’s Data Tracking15Malwarebytes. Google Changes Wording for Incognito Browsing in Chrome
The New RTB Control
By the time the settlement received final approval, it had grown to include a feature that goes beyond Incognito. Google agreed to build an “RTB control” that lets U.S. account holders limit the personal information Google shares in real-time bidding ad auctions. When switched on, the control strips encrypted Google user IDs, device advertising IDs, and IP addresses from bid requests, and blocks cookie matching. The control has to stay available for three years, and Google was required to email every U.S. account holder about it.16MediaPost. Google RTB Settlement Gains Final Approval1Courthouse News Service. Google Agrees to New Privacy Features in Class Action Settlement
The control went live on April 24, 2026, and Gmail notifications went out with a direct link to the settings page.17CPM Legal. Historic Settlement With Google to Protect Privacy You can reach it at adssettings.google.com/partnerads. Turning off the toggle labeled “Help advertisers select ads for you” activates the protection; the blue check mark switches to a gray X.18PR Newswire. Millions Gain New Control Over Their Data in Google Privacy Settlement The catch: it’s opt-in. Judge Gonzalez Rogers noted at the approval hearing that “most people simply leave things as they are.”16MediaPost. Google RTB Settlement Gains Final Approval
Can You Still Sue Google Yourself?
Yes. The settlement explicitly preserved individual class members’ right to file their own lawsuits against Google for money damages.13Top Class Actions. Google Chrome Incognito Class Action Two of the firms that led the case, Boies Schiller Flexner and Morgan & Morgan, have reportedly started filing individual state-court claims for former class members.19Boies Schiller Flexner. Incognito Reprint
The Objection That Failed
A group of 185 Chrome users led by Adam Salcido tried to block the settlement. They moved to intervene in federal court in July 2024, seeking to reopen the denial of a damages class and get access to discovery. Judge Gonzalez Rogers rejected the motion as untimely in August 2024, and the Ninth Circuit affirmed on April 20, 2026, reasoning that letting the intervention proceed could “unravel” the deal and force the parties to “start from scratch.”20Justia. Brown v. Salcido, No. 24-5692
Where Things Stand
The settlement is final. Google’s Incognito disclosures have been rewritten, the RTB control is live, and the data-deletion and cookie-blocking obligations are in force. One piece of the case is still open: as of mid-2026 the court had taken the plaintiffs’ fee request under submission, with the judge signaling she planned to scrutinize the amount closely.1Courthouse News Service. Google Agrees to New Privacy Features in Class Action Settlement If you used Incognito after June 2016 and want anything more than the changes to Google’s practices, an individual lawsuit is the only remaining route.