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By James Rushton
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Google has agreed to pay $135 million to resolve a proposed class action lawsuit accusing its Android operating system of collecting users' cellular data without permission, in a preliminary settlement filed in federal court in San Jose, California.
The deal, which requires a judge’s final approval, would commit Google to new disclosures and consent mechanisms during setup of an Android device.
Google has denied wrongdoing.
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Origin Of The Google Class Action Lawsuit
This settlement addressed allegations that Android performed "passive data transfers" over cellular networks, even when devices were idle or connected to Wi-Fi. This raised multiple concerns about privacy and potential data charges due to the device bypassing Wi-Fi.
Plaintiffs alleged that Google specifically programmed Android devices to transfer data over cellular networks. Even in situations where users reasonably believed it wouldn’t—such as when Google apps were closed, location sharing was disabled, or the phone was locked.
They claimed those transfers consumed cellular data that users had paid for as part of a plan, benefitting Google’s strategy.
Plaintiffs described this alleged data collection via cellular networks as "conversion"—a claim that one party wrongfully takes or uses another's property. In this case, the claim is that Google wrongfully took users’ purchased cellular data to support product development and targeted advertising, a theory a plaintiffs’ lawyer said led to the largest payout of its kind.
As injunctive relief, Google agreed to obtain consent from users during device setup, add or adjust toggles to stop certain transfers, and update Google Play terms to more clearly disclose background data collection.
Plaintiffs also said Google would revise terms to explain some transfers occur "in the background" and may rely on cellular data when Wi-Fi is unavailable, and would address a setting plaintiffs alleged was misleading about stopping background data usage.
$135 Million Google Settlement Payments
Taylor et al. v. Google LLC led by plaintiffs Joseph Taylor, Mick Cleary and Jennifer Nelson sought preliminary approval of the settlement on Jan. 28, proposing a non-reversionary $135 million fund for Android users on carrier data plans from Nov. 12, 2017, through final judgment.
Eligible class members would receive pro rata payments up to $100 after deductions for attorneys’ fees, costs, incentive awards and administration, with plaintiffs’ counsel indicating they may seek up to $39.8 million in fees.
However, Android users in California would be excluded owing to a separate state court case in Santa Clara County.
What Happens Next
As of February 6, 2026, this settlement is not final, and a public claim form has not been announced. A trial date had been set for Aug. 5 if the deal did not receive final approval.
If approved, the fund would be distributed on a pro-rata basis to eligible claimants. Google would also implement new consent and disclosure changes during the initial Android setup flow and in its terms of service.
Full settlement information is below:
Settlement name (case): Taylor et al. v. Google LLC
Court: U.S. District Court, Northern District of California (San Jose Division)
Case No.: 5:20-cv-07956-VKD
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