Google Chrome’s Incognito Mode is at the forefront of a $5 billion class-action lawsuit which alleges users are being tracked during private browsing sessions.

The lawsuit alleges Google is in violation of wiretapping and privacy laws for intercepting, tracking, and collecting communications when Chrome’s Incognito mode is in use.

Google has been trying to get the lawsuit dismissed since it was filed last June. A federal judge ruled the lawsuit must go forward.

In the judge’s ruling it’s stated Google does not adequately inform users that their data can be collected in Incognito mode.

US District Judge Lucy Koh in San Jose, California, writes:

“The court concludes that Google did not notify users that Google engages in the alleged data collection while the user is in private browsing mode.”

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To be clear, the consumers who filed the case are taking issue with Google collecting data using other services while in Incognito mode.

For example, when a user visits a website in Incognito mode their data can still be collected by Google Analytics.

The consumers who filed the suit say they were under the impression Incognito mode offered all encompassing privacy from data trackers.

Google disputes the claims via a statement provided by company spokesperson Jose Castaneda:

“We strongly dispute these claims and we will defend ourselves vigorously against them. Incognito mode in Chrome gives you the choice to browse the internet without your…

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