Quebec class-action goes after Google for $50 million

The Superior Court of Quebec has authorized a class-action lawsuit against Alphabet Inc.'s Google for allegedly failing to obtain "sufficient consent" from individuals who do not require the creation of a Google account to collect their personal information when they use its services or when they browse websites using one of the advertising or analysis tools offered by Google. The class members, represented by Option Consommateurs, will now be able to pursue $50 million in punitive damages from the tech giant as well as an amount equal to the value of the personal information collected without consent by Google in compensatory damages, according to the decision dated June 28. The designated plaintiff, Anne-Sophie Letellier, a doctoral candidate in communication at the Université du Québec à Montréal, alleges Google is violating the Charter of Human Rights and Freedoms, the Consumer Protection Act, the Competition Act, and the Civil Code of Quebec. She claims Google is doing so by not seeking consent under its Terms of Service or not obtaining consent under an unnecessarily complex privacy policy and "falsely representing" an individual's control of their personal information "in particular by claiming that the private browsing mode allows you to browse the Internet confidentially." The class-action consists of "anyone residing in Quebec who has used a service offered by Google that does not require the creation of a Google account, such as Google Search or Google Maps, or who has browsed a website using one of the tools offered by Google such as Google Analytics, Google Ad Manager or the "Sign in with Google" button," according to the court documents. Google disputes the claim, arguing that the plaintiffs failed to demonstrate that the claim is valid and citing a lack of evidence or factual allegations. In November 2021, a Quebec Superior Court judge rejected an attempt by Google to have to action dismissed. In his decision, Justice Donald Bisson noted that the class-action authorization stage is to "screen out frivolous claims, nothing more" and that a claimant need only demonstrate that their claims are more likely to be true than false. Letellier alleges that, despite using the "do not track feature" feature and private browsing mode when using Google services or browsing third-party sites which use Google Analytics, Google collects and uses her personal information for commercial purposes by offering its advertising clients online behavioural advertising services. She further argued that group members are likely exposed to an advertisement similar to what they were browsing online. For example, they might find an ad for a hotel room after searching vacation destinations. "Google's argument is based on the fact that it collects information, but it would not be "personal information" within the meaning of applicable laws; in the opinion of the Tribunal, this reasoning requires a very detailed study of all the words used and their context, which can only be done on the merits, with detailed proof. Conversely, the plaintiff's allegations and exhibits, on simple reading, demonstrate an appearance of right.," Bisson wrote. – Reporting by Jenna Cocullo at jcocullo@thewirereport.ca and editing by Michael Lee-Murphy at mleemurphy@thewirereport.ca

Quebec class-action goes after Google for $50 million

Broadcast | July 11, 2022

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Quebec class-action goes after Google for $50 million

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