In the lawsuit, which was filed in federal court last Friday in San Francisco, attorneys representing a man named Napoleon Patacsil argued that Google is violating the California Invasion of Privacy Act and the state’s constitutional right to privacy.
The lawsuit seeks class-action status, and it would include both an "Android Class" and "iPhone Class" for the potential millions of people in the United States with such phones who turned off their Location History and nonetheless had it recorded by Google. It will likely take months or longer for the judge to determine whether there is a sufficient class.
Also on August 17, attorneys from the Electronic Privacy Information Center wrote in a sternly worded three-page letter to the FTC that Google’s practices are in clear violation of the 2011 settlement with the agency.
In that settlement, Google agreed that it would not misrepresent anything related to "(1) the purposes for which it collects and uses covered information, and (2) the extent to which consumers may exercise control over the collection, use, or disclosure of covered information."
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