Google agrees to pay $135 million to settle a proposed class action lawsuit brought by Android smartphone users over alleged unauthorized cellular data transmissions.
After fees and administrative costs are deducted, the remaining settlement funds would be divided among eligible class members, with individual payments capped at $100. A judge will review the deal to determine whether it is fair and reasonable before giving final approval.
Background cellular data at issue
According to the lawsuit, beginning November 12, 2017, Android devices transmitted information from system services to Google servers using cellular networks. The filing states that these communications occurred in the background, including when users were not actively interacting with their devices and when screens were locked.
Plaintiffs alleged that the transfers consumed cellular data purchased by users from mobile carriers and took place without meaningful consent. The lawsuit described the data transfers as occurring in the background, including when users were not actively interacting with their devices.
Years of litigation and technical review
The case has been litigated for more than five years. Court records describe extensive discovery that included the review of internal documents, analysis of large volumes of Android data logs, and in-person examination of proprietary source code by technical experts.
The court also heard arguments on class certification and expert testimony related to damages before the parties reached a settlement.
Required changes to Android disclosures
The settlement also includes injunctive relief. Google would be required to update Google Play Terms of Service, help pages, and Android device setup screens to describe background data communications and cellular data use.
New Android users would be required to provide express consent during device setup. The agreement also calls for disabling a background data toggle that plaintiffs said did not stop the transfers described in the case.
Google denied wrongdoing but agreed to settle to avoid continued litigation.