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Introduction: A Legal Blow to Big Tech’s Silent Surveillance
In a landmark legal battle that pits privacy rights against Big Tech’s behind-the-scenes operations, Google has been found liable for secretly siphoning off Android users’ cellular data — even when their phones were idle. A San Jose jury has ruled that the company must pay \$314.6 million in damages to California residents who unknowingly subsidized Google’s data collection practices. The lawsuit shines a light on how tech giants may prioritize their business models over consumer consent, pushing the limits of what’s acceptable under state privacy laws.
the Original
A California jury has ordered Google to pay over \$314.6 million to Android users in the state after finding the tech giant guilty of secretly using their cellular data for its own benefit. The class action lawsuit, filed in 2019, accused Google of transmitting data from idle Android devices — even when no apps were open — to the company’s servers using cellular networks, rather than waiting for Wi-Fi. This practice resulted in costs borne by users, effectively subsidizing Google’s ad-targeting operations without their knowledge.
The plaintiffs argued that this background data transmission, which included log files and other non-essential information, was unnecessary and should have been restricted to Wi-Fi. Tests on devices like the Samsung Galaxy S7 showed that they sent nearly 9MB of data per day, 94% of which went to Google. Another test revealed Android phones were making around 900 background transfers daily, significantly more than comparable iPhones, which allow better user control and transparency over such data behaviors.
Google claimed that users consented to these activities through its privacy policies and that the data transmission was vital to ensuring security and performance. However, the jury found otherwise, siding with the argument that Google intentionally designed Android systems to exploit cellular data without offering opt-out mechanisms.
Attorney Glen Summers, representing the plaintiffs, said the verdict strongly affirms the legitimacy of the claims and Google’s wrongdoing. Google has announced its intention to appeal the decision, asserting that the court misunderstood the nature of Android’s core operations. Meanwhile, a similar federal case involving users in the other 49 states is set to go to trial in April 2026.
What Undercode Say:
This ruling represents more than a single courtroom loss for Google — it’s a reflection of a growing legal reckoning for surveillance capitalism. The underlying issue is not just technical or contractual but fundamentally ethical. By designing Android systems that quietly harvest user data through cellular networks, Google blurred the line between functional necessity and commercial opportunism.
From a technical standpoint, the claim that such data transfers are required for performance or security is questionable. Most of the data involved were log files, not urgent system alerts. These could have easily been queued for Wi-Fi, reducing costs for users and minimizing ethical gray areas. The fact that no clear “Wi-Fi-only” option existed highlights a deliberate design choice, likely motivated by the immediate availability and monetization of user telemetry.
This case also underscores the disparity between Android and iOS regarding user control. Apple, for all its criticisms, provides granular privacy toggles that limit background data usage. The comparison revealed that Android phones, particularly with Chrome running, were significantly more aggressive in background communications — a clear indicator that this isn’t about performance, but profit.
Google’s defense — that users consented via policies — doesn’t hold much weight when you consider the opaque language and user-unfriendly structure of those agreements. Real consent requires transparency, clarity, and options — not 40-page policy documents few people ever read.
The financial damages are significant, but the reputational cost may be even higher. In an age where privacy is becoming a consumer priority, Google’s practices — and now its legal battles — threaten to erode the trust it has built over decades. The company’s appeal strategy will likely revolve around reinterpreting what constitutes “harm” in the context of data use. However, with California’s strong privacy framework (especially under CCPA), this line of defense may not hold.
For users, this case should be a wake-up call. Always assume your data is valuable — even when your device is “idle.” For regulators, it’s time to set clearer standards around passive data collection, especially where it affects consumers financially.
Google’s attempt to normalize this behavior as a technical necessity is a dangerous precedent. If left unchecked, it sets the stage for a future where companies can monetize idle behavior without compensation or awareness. The jury’s decision sends a strong message: Privacy isn’t a loophole — it’s a right.
🔍 Fact Checker Results:
✅ Verdict Confirmed: San Jose jury ruled against Google with \$314.6M in damages.
✅ Data Usage Evidence Verified: Technical tests on Android phones confirmed excessive background transfers.
❌ Google’s Defense Unproven: No technical necessity shown for using cellular over Wi-Fi for non-urgent data.
📊 Prediction:
Given the scale of this ruling and the growing scrutiny on Google’s data practices, it is likely that similar lawsuits will emerge in other jurisdictions. The April 2026 federal trial may result in even larger damages, possibly in the billions. Tech companies could face mandatory design changes requiring Wi-Fi-only data transfer options and greater user consent mechanisms by default. Android’s telemetry systems, long considered a black box, may finally be forced into the light.
References:
Reported By: securityaffairs.com
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