Frequently Asked Questions
The Notice explains that the Court has allowed, or “certified,” certain claims in a class action lawsuit
that may affect Class Members. Class Members have legal rights and options that they may exercise before
the Court holds a jury trial, which is scheduled to begin on September 22, 2025. If you wish to exclude
yourself from this action, which is explained more fully below, you have to do so by September 9, 2024.
Judge Beth Labson Freeman of the United States District Court for the Northern District of California is
overseeing this class action. The lawsuit is known as In re Google Assistant Privacy Litigation, Case No.
19-cv-04286-BLF. Please do not contact the Court or Google regarding this case.
Plaintiffs in the lawsuit allege that Google Assistant can activate and record communications even when
a user does not intentionally trigger Google Assistant with a hot word, like “Okay Google,” or manually
activate Google Assistant on their device. Plaintiffs refer to such instances as “False Accepts” and allege that Google
wrongfully collects, uses, and discloses user audio recordings from False Accepts to improve the speech
recognition abilities of Google Assistant. Plaintiffs allege Google’s conduct constitutes a breach of
the privacy assurances that Google makes to users in its Privacy Policy and an unlawful practice.
Plaintiffs bring claims for damages for Google’s alleged breach of contract and for restitution for Google’s alleged violation of the unlawful prong of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200.
Plaintiffs bring claims for damages for Google’s alleged breach of contract and for restitution for Google’s alleged violation of the unlawful prong of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200.
Google denies all of Plaintiffs’ allegations, including that it wrongfully collects, uses, or discloses
any user audio recordings captured by Google Assistant, or that it otherwise breached any contract with
Plaintiffs or violated any provision of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200.
The Court has not made any determination as to who is right or whether Google has engaged in any wrongdoing.
The litigation is proceeding and, at this point, by establishing the Class and issuing this Notice, the Court
is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs must prove their claims at
trial. A settlement before trial (or subsequent to trial) may result in money for the Class or changes in
Google’s practices. There will be no second opt-out opportunity (unless the Court finds it necessary), so
your decision to stay in the action or opt out must be made now. (See FAQ 11 below)
In a class action lawsuit, a person called a “Class Representative” sues on behalf of other people who have
similar claims. The people together are a “Class” or “Class Members.” The Class Representatives who sued—and
all the Class Members like them—are called the Plaintiffs. The company they sued (in this case, Google) is
called the Defendant. One court decides the issues for everyone in the Class—except for those people who choose
to exclude themselves from the Class.
The Court decided that the Class Claims can move forward in a class action because the claims of the
Class Members are similar enough that trying them all together is fair and more efficient than trying them separately.
No money or benefits are available now because the case is not resolved. There is no guarantee that money
or benefits ever will be obtained. If they are, you will be notified about how to ask for a share. If the
litigation is resolved, and you have not excluded yourself pursuant to this Notice, you may not be given
another opportunity to do so.
The Court certified the following Class:
All Users in the United States who purchased a Google-Made Device, where:
• “Users” are individuals whose Gmail accounts were associated with at least one Google Assistant Enabled Device during the class period from May 18, 2016, to December 16, 2022;
• “Google Assistant Enabled Devices” are devices that come with Google Assistant pre-installed; and
• “Google-Made Devices” are Google Assistant Enabled Devices manufactured and sold by Google, including Google’s Pixel Smartphones; Smart Home Speakers (Google Home, Google Home Mini, Google Home Max, Nest Audio, Nest Mini); Smart Displays (Google Home Hub, Nest Hub, Nest Hub Max); Laptops and Tablets (Pixelbook, Pixelbook Go, Pixel Slate); Digital Media Players (Chromecast with Google TV); and Wireless Earphones (Pixel Buds, Pixel Buds A Series, Pixel Buds Pro).
All Users in the United States who purchased a Google-Made Device, where:
• “Users” are individuals whose Gmail accounts were associated with at least one Google Assistant Enabled Device during the class period from May 18, 2016, to December 16, 2022;
• “Google Assistant Enabled Devices” are devices that come with Google Assistant pre-installed; and
• “Google-Made Devices” are Google Assistant Enabled Devices manufactured and sold by Google, including Google’s Pixel Smartphones; Smart Home Speakers (Google Home, Google Home Mini, Google Home Max, Nest Audio, Nest Mini); Smart Displays (Google Home Hub, Nest Hub, Nest Hub Max); Laptops and Tablets (Pixelbook, Pixelbook Go, Pixel Slate); Digital Media Players (Chromecast with Google TV); and Wireless Earphones (Pixel Buds, Pixel Buds A Series, Pixel Buds Pro).
If you are a Class Member, unless you exclude yourself from the Class in the manner described in the section
below titled “How do I exclude myself from the Class” you will be bound by any judgment entered or settlement
reached in this lawsuit regarding the Class Claims, whether favorable or unfavorable. Unless you exclude yourself,
you will not be able to separately pursue these claims against Google.
If you are a Class Member and do not want to be part of the Class and want to keep your right to separately pursue
the Class Claims against Google, then you must take steps to remove yourself from the Class. This is called excluding
yourself, or “opting out.” The Court will exclude any person who timely asks to be excluded. If you exclude yourself,
you will not be eligible to receive any payment from future settlements or judgments in this lawsuit, you will not be
bound by any judgment rendered for or against Google, and you will not give up your right to sue Google as part of any
other proceeding that alleges the Class Claims against Google.
To exclude yourself from the Class, you must either send a request by mail or through the case website stating
that you wish to be excluded from the Class in In re Google Assistant Privacy Litigation, Case No. 19-cv-04286-BLF.
If you mail your Request for Exclusion, it must be postmarked no later than September 9, 2024, to:
To request exclusion through the case website, click HERE or select the Exclusion Request tab. The Exclusion Request must be submitted no later than September 9, 2024.
If you mail your Request for Exclusion, it must be postmarked no later than September 9, 2024, to:
Google Assistant Privacy Class Action
c/o A.B. Data, Ltd.
P.O. Box 173001
Milwaukee, WI 53217
To request exclusion through the case website, click HERE or select the Exclusion Request tab. The Exclusion Request must be submitted no later than September 9, 2024.
No. Unless you exclude yourself, you give up the right to separately pursue the Class Claims against Google.
You must exclude yourself from the Class to be able to bring your own, separate proceeding that alleges the
Class Claims against Google. Remember, the exclusion deadline is September 9, 2024. In the event the lawsuit
resolves, you may not be given another opportunity to exclude yourself from the Class.
Yes. The Court has appointed lawyers to represent the members of the Class. These lawyers are called
Class Counsel. The following lawyers are lead counsel in representing the Class:
Erin Green Comite
Scott+Scott Attorneys at Law LLP
156 South Main Street, P.O. Box 192
Colchester, CT 06415
Phone: (860) 537-5537
ecomite@scott-scott.com
Scott+Scott Attorneys at Law LLP
156 South Main Street, P.O. Box 192
Colchester, CT 06415
Phone: (860) 537-5537
ecomite@scott-scott.com
Christian Levis
Lowey Dannenberg
44 South Broadway, Suite 1100
White Plains, NY 10601
Phone: (914) 997-0500
clevis@lowey.com
Lowey Dannenberg
44 South Broadway, Suite 1100
White Plains, NY 10601
Phone: (914) 997-0500
clevis@lowey.com
In the event of a judgment against Google at trial or a settlement, Class Counsel will ask the Court
to approve and award attorneys’ fees and expenses to be paid from the trial award or settlement. The
amount of these fees and costs, if any, will ultimately be determined by the Court. You will not
otherwise be charged for Class Counsel’s services.
You do not need to hire your own lawyer because Class Counsel is working on behalf of the Class.
You may, however, hire your own lawyer to represent you if you wish. If you hire your own lawyer,
he or she must file a Notice of Appearance. If you hire your own lawyer, you will have to pay for
that lawyer on your own.
Class Counsel will have to prove the Plaintiffs’ allegations at trial. The Court has scheduled a jury trial
to begin on September 22, 2025. The trial will be held in the United States District Court, Northern District
of California, San Jose Courthouse, Courtroom 3 – 5th Floor located at 280 South 1st Street, San Jose, CA 95113.
During the trial, a Jury and the Judge will hear all the evidence to help them reach a decision whether Plaintiffs
or Google is right about the allegations in the lawsuit. There is no guarantee that Plaintiffs will win or that
they will be able to get money for all or some of the members of the Class.
You do not need to attend the trial. Class Counsel will present the case for the Plaintiffs, and Google
will present the defense. You or your lawyer are welcome to attend at your own expense.
If the Plaintiffs obtain money or benefits as a result of the lawsuit, you will be notified about how to
participate. We do not know how long this will take. At this time, there is no settlement and no judgment in this lawsuit.
The Notice contains a summary of relevant Court papers. You can review relevant Decisions and Orders and additional
information about this action throughout this website. If you have questions about your rights as a potential Class Member,
you may also contact the Notice Administrator by mail, email, or phone using the following contact information:
Google Assistant Privacy Class Action
P.O. Box 170500
Milwaukee, WI 53217
info@googleassistantprivacylitigation.com
877-411-4704