Yahoo Finance UK iPhone users vs Google: can you join the class action lawsuit?
Millions of iPhone users could be in line for compensation of at least £500 if a class action lawsuit against Google is successful.
The action, led by Richard Lloyd, the former head of consumer champions Which?, claims Google harvested data from up to 5 million iPhones without users’ consent.
Lloyd said: “In all my years speaking up for consumers, I’ve rarely seen such a massive abuse of trust where so many people have no way to seek redress on their own.”
He added: “Through this action, we will send a strong message to Google and other tech giants in Silicon Valley that we’re not afraid to fight back.”
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Google says the case is without foundation and that it will fight the lawsuit in the courts.
What does the lawsuit allege?
Under the banner of “Google You Owe Us”, the group says Google used cookies – small pieces of computer text that are used to collect information from devices in order to deliver targeted advertising.
The suit claims that for several months in 2011 and 2012, Google placed ad-tracking cookies on the devices of Safari users – the default browser for Apple products – which is set to block such cookies.
Google, says the action, was able to introduce a workaround which beat the blocking, and thus “watch” how iPhone owners were using their phones, feed that data back into its ads network and thus send better targeted adverts to the users.
This breached the UK Data Protection Act, it is alleged.
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How much is the campaign hoping for?
It’s been reported that the action could generate a £1 billion settlement, if successful, for an estimated 5.4 million iPhone users.
While it will be for a court to decide the level of compensation, Lloyd says users could get as much as “several hundred pounds each”.
Can I join the action?
Anyone who meets the following criteria can be included in the compensation claim:
Present in England and Wales between 1 June 2011 and 12 February 2012
Had an Apple ID at that time
Owned or was in possession of an iPhone
Used the Safari browser to access the internet
Kept the default security settings in the Safari browser
Did not opt-out of tracking and collation via Google’s “Ads preference Manager”
Resident in England and Wales on 31 May 2017
Where and when is this case likely to be heard?
Lloyd told the BBC that Google had informed him he must “come to California” if he wanted to pursue legal action against them.
However, he will take the action, with the help of law firm Mischon de Reya, to the UK High Court next year.
“It is disappointing that they are trying to hide behind procedural and jurisdictional issues rather than being held to account for their actions,” he said.
He has secured £15.5m in backing from Therium, a company that funds litigation.
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What does Google have to say about it?
In a statement, the tech giant said: “This is not new – we have defended similar cases before. We don’t believe it has any merit and we will contest it.”
So, there is history here, then?
Yes, in 2012, Google agreed to pay a record $22.5m (£16.8m) in a case brought by the US Federal Trade Commission on the same issue.
Google has also settled out of court with a small number of British consumers but has never faced a class action-style lawsuit in the UK.
In March last year, the UK Court of Appeal ruled that consumers did have a right to sue Google over misuse of privacy settings.
