Google to Pay $135 Million, Revise Android Data Policies to Settle Nationwide Class Action Over Alleged “Passive” Data Collection
Publish Date: 2026-01-29 05:37:00
Source Domain: usaherald.com
Google has agreed to a $135 million settlement and will require explicit consent from new Android users for certain data practices, resolving a proposed class action accusing the tech giant of transferring cellular data without users’ knowledge or permission, according to filings in federal court in California.
The settlement covers more than 100 million Americans who used Android smartphones with cellular data plans from Nov. 12, 2017, through the final judgment, though California-based users are excluded due to a separate state court case. The plaintiffs, Joseph Taylor, Mick Cleary, and Jennifer Nelson, are seeking preliminary approval for the settlement, which would create a non-reversionary fund to compensate class members. Payments would be distributed pro rata, with a cap of $100 per person after attorney fees, costs, incentive awards, and administrative expenses are deducted.
The case centers on claims that Android devices sent information to Google even when idle, with all apps closed, and without users’ consent. Plaintiffs argue that the operating system exploited users’ cellular data to collect information for Google’s advertising purposes, a practice described as “passive” data transfer.
Beyond monetary compensation, the settlement requires Google to implement “significant injunctive relief.” New Android users will receive clearer disclosures about background data transfers, including language in Google Play terms of service explaining that such transfers can occur even when devices are not connected to Wi-Fi. Users must give explicit consent through an “accept” button in the device setup process before Google can use cellular data for these activities. Additionally, the settlement calls for Google to modify the “allow background data usage” toggle, ensuring it cannot mislead users into thinking it prevents data transfers when it does not.
Plaintiffs argue that these changes represent a major victory…
