Google Incognito Lawsuit 2026, No Cash Settlement, But You Can Still Sue Individually—50 People Already Filed State Court Claims After $5B Data Deletion Deal

While the plaintiffs asked for $5 billion in damages, the settlement includes no payment from Google. Instead, individuals will be able to pursue damages by filing their own complaints against Google in U.S. state courts, and about 50 people have already done so as of April 2024.

The landmark class action that accused Google of secretly tracking users in Incognito mode settled in December 2023 and finalized in April 2024. The Google Incognito Lawsuit is no longer active in 2026, but affected users can still file individual lawsuits for compensation.

What Was The Google Incognito Lawsuit About?

The case, filed in 2020, alleged the Alphabet Inc. unit surreptitiously collected data from people using its popular Chrome web browser in a private “incognito” browsing mode. The lawsuit claimed that despite assurances of privacy, Google continued to track browsing activities, usage patterns, and preferences, leading to targeted ads on products they believed they were browsing privately.

While that function lets users turn off data collection when using the Chrome browser, other Google tools used by websites, such as advertising technology, scoop up their data anyway.

What Google Agreed To Do (No Money Involved)

Google agreed to delete billions of data records but paid zero dollars in the class settlement. Google will destroy a vast trove of data as part of a settlement with a legal filing noting that Google will “delete and/or remediate billions of data records that reflect class members’ private browsing activities”.

Google also said it made several changes to its disclosures to clarify how people’s data is collected as well as what activity is visible to websites when users browse in “incognito” mode. For the next five years, users can block third-party cookies by default in Incognito mode.

Why No Cash? How Do You Get Paid?

The class action lawyers negotiated a settlement without monetary compensation for class members. However, this doesn’t mean you’re out of luck.

Individuals will be able to pursue damages by filing their own complaints against Google in U.S. state courts. This means if you used Incognito mode between 2016 and 2023, you can sue Google individually in your state court for:

  • Invasion of privacy
  • Wiretapping violations
  • Unfair business practices
  • Consumer fraud

Similar to other privacy lawsuits like the Gmail Class Action Lawsuit, $425M Verdict Under Appeal In Rodriguez V. Google LLC—Plus Separate Gemini AI Privacy Case, individual claims can potentially recover statutory damages.

Who Qualifies To File An Individual Lawsuit?

You may have a claim if you:

Used Chrome’s Incognito mode between June 1, 2016 and December 2023. Believed your browsing was private based on Google’s representations. Saw targeted ads for products you only searched in Incognito mode. Suffered financial harm or embarrassment from the privacy breach.

The original class action alleged Google promoted Incognito mode as private, while continuing to track user activity through cookies, IP addresses, and other tracking methods.

Google Incognito Lawsuit 2026, No Cash Settlement, But You Can Still Sue Individually—50 People Already Filed State Court Claims After $5B Data Deletion Deal

How Much Can Individual Lawsuits Recover?

While no public verdicts exist yet from the 50 individual lawsuits filed, state privacy laws typically allow:

California: $5,000 per violation under CIPA (California Invasion of Privacy Act) Federal Wiretap Act: Up to $10,000 per violation
Other States: Statutory damages ranging from $100 to $5,000 per violation

Since Incognito tracking potentially involved thousands of instances per user, damages could be substantial if courts interpret each tracking instance as a separate violation.

Statute Of Limitations: Time Is Running Out

Most privacy claims have 1-3 year statutes of limitations depending on your state. If you used Incognito mode in 2020-2023, you may still be within the window to file.

Critical deadlines by state:

  • California: 3 years for invasion of privacy claims
  • Federal wiretap claims: 2 years
  • Many states: 1-2 years for consumer fraud

How To Pursue Your Individual Claim

Contact a privacy litigation attorney who handles tech company cases. Gather evidence showing you used Incognito mode during the class period, saw ads for products you only searched privately, and suffered damages.

Document examples of targeted advertising that appeared after Incognito searches. Save any screenshots showing Incognito mode usage if you still have access to older devices or browser histories.

Law firms specializing in these cases include those who represented plaintiffs in the original class action: Boies Schiller Flexner and Morgan & Morgan.

Why The Class Action Settled For No Money

“We are pleased to settle this lawsuit, which we always believed was meritless,” Jose Castaneda, Google spokesperson, said in a statement. Google’s position was that Incognito mode never promised to hide activity from websites or Google itself—only from other users on the same device.

However, The value of the settlement is more than $5 billion, according to Monday’s filing, because the data deletion represents significant value that Google’s advertising business relied on.

FAQs

Is there a Google Incognito settlement I can claim?

No. The class action settlement included zero cash payments. However, you can file your own individual lawsuit in state court for potential compensation.

What did Google do wrong in Incognito mode?

Google allegedly tracked users’ browsing through cookies and analytics tools embedded in websites, even when users believed Incognito mode made their activity private.

How do I file an individual claim?

Contact a privacy attorney specializing in tech litigation. About 50 people have already filed individual lawsuits in state courts as of April 2024.

What’s the deadline to sue Google individually?

Statutes of limitations vary by state (1-3 years). If you used Incognito between 2020-2023, consult an attorney immediately to preserve your rights.

Can I still join the class action?

No. The class action settled and closed in 2024. Your only option is an individual lawsuit.

How much money can I get from an individual lawsuit?

Potentially $100 to $10,000+ per violation depending on state law and whether each tracking instance counts as a separate violation.

Do I need proof I used Incognito mode?

Yes. Save any evidence of Incognito usage, targeted ads you received, or privacy expectations Google created through marketing.

Last Updated: February 14, 2026

Disclaimer: This article provides general information about concluded litigation and is not legal advice. No class action settlement claims are available.

What To Do: If you used Incognito mode between 2016-2023, consult a privacy attorney about filing an individual lawsuit before statutes of limitations expire.

Stay informed, stay protected. — AllAboutLawyer.com

About the Author

Sarah Klein, JD

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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