Gmail Class Action Lawsuit, $425M Verdict Under Appeal in Rodriguez v. Google LLC—Plus Separate Gemini AI Privacy Case

Breaking: A jury ordered Google to pay $425 million to 98 million Gmail users in September 2025 for secretly tracking app activity after users turned off privacy settings. Google is appealing—no claim form exists yet. A separate November 2025 lawsuit alleges Google secretly activated Gemini AI in October 2025 to scan all Gmail, Chat, and Meet communications without consent. Here’s what Gmail users need to know about both cases and whether you qualify for compensation.

The $425 Million Google Privacy Verdict: Latest Status

Current Status: Under appeal—NO PAYMENTS available yet

Case: Rodriguez v. Google LLC, Case No. 3:20-cv-04688 (N.D. Cal.)

Verdict Date: September 3, 2025

What Happened: A federal jury found Google violated California privacy laws by collecting data from third-party apps even after users disabled the “Web & App Activity” (WAA) privacy setting. The jury awarded $425.7 million in compensatory damages—approximately $4 per affected user.

Critical Update: Google filed an appeal immediately after the verdict. Plaintiffs filed a counter-motion asking the court to increase the award to $2.36 billion, arguing this amount represents Google’s profits from the illegally collected data.

The Bottom Line: No claim form exists. No payments will be made until the appeal is resolved, which could take 1-3 years. The verdict could be overturned entirely on appeal.

Who Qualifies for the $425 Million Settlement (If Appeal Fails)

You may be eligible if you meet ALL these requirements:

✓ Had a Google account (non-Enterprise, non-supervised account for users under 13)
✓ Turned off or paused “Web & App Activity” OR “supplemental Web & App Activity” setting at any point between July 1, 2016, and September 23, 2024
✓ Your data was still transmitted to Google from non-Google-branded mobile apps despite turning off that setting

Two Certified Classes:

Class 1 (Android Users):
Used Android devices where Firebase SDK or Google Mobile Ads SDK transmitted app activity to Google despite WAA being turned off. Estimated payment if distributed: ~$247 million total.

Class 2 (Non-Android Users):
Used iPhone or other non-Android devices where the same SDKs transmitted app activity to Google despite WAA being turned off. Estimated payment if distributed: ~$178 million total.

Excluded:

• Enterprise Google Workspace accounts managed by organizations
• Supervised accounts for children under 13 (“Unicorn” accounts)
• Users who never disabled WAA settings

What Google Allegedly Did Wrong

According to the jury verdict, Google:

The “Fake” Privacy Switch:

• Told users that disabling “Web & App Activity” would stop Google from tracking their data
• Continued collecting data from third-party apps through Google Analytics code even after users opted out
• Used Firebase SDK and Google Mobile Ads SDK embedded in non-Google apps to track user behavior
• Stored and analyzed this data to sell targeted advertising

What the Jury Found:
The jury ruled Google’s privacy controls were “legitimately confusing” and violated users’ reasonable expectations of privacy. Jurors stated the “average user is probably a skimmer” who wouldn’t understand Google’s complex disclosure about continued data collection.

What Data Google Collected:

• App usage patterns
• In-app activities and purchases
• Location data from apps
• Search queries within third-party apps
• Behavioral profiles for targeted advertising

Google’s Defense:
Google argues its disclosures were clear and that clicking the WAA toggle triggered an “Are You Sure?” screen explaining that anonymized data collection would continue for analytics purposes. Google claims users consented to this through layered privacy disclosures.

When Will Payments Be Made?

Answer: Unknown—potentially never.

Appeal Timeline:

1. Now: Google’s appeal pending in Ninth Circuit Court of Appeals
2. Next: Appellate court reviews case (6-18 months typical)
3. Then: Possible Supreme Court appeal if either side loses (additional 1-2 years)
4. Finally: IF Google loses all appeals, settlement administration begins (6-12 months)

Realistic Timeline: If Google loses on appeal, payments likely won’t begin before 2027-2028.

Possible Outcomes:

• Appeal succeeds → No payments, verdict overturned
• Appeal fails → Claims process begins, potential payments of $2-5 per person
• Parties settle → New settlement negotiated with different terms

The New Gemini AI Gmail Lawsuit: Just Filed

Case: Thele v. Google LLC, Case No. 5:25-cv-09704 (N.D. Cal.)

Filed: November 11, 2025

Status: Very early stage—no settlement, no certified class, no claim form

The Allegations: Plaintiff Thomas Thele claims Google secretly enabled its Gemini AI assistant on October 10, 2025, for all Gmail, Chat, and Meet users without consent or notification.

What Gemini AI Allegedly Does:

• Scans every email and attachment in Gmail accounts
• Tracks private conversations in Google Chat
• Monitors Google Meet video conference communications
• Analyzes message content to build detailed user profiles
• Accesses financial records, medical information, employment details, political affiliations, religious activities, and personal relationships contained in communications

The Legal Claims:

• Violation of California Invasion of Privacy Act (CIPA)
• Violation of California Computer Data Access and Fraud Act
• Violation of Stored Communications Act
• Violation of California constitutional right to privacy
• Intrusion upon seclusion

Google’s Response:
Google issued a statement denying it uses Gmail content to train Gemini AI models. Google claims Gemini’s “Smart Features” require user consent and can be disabled in privacy settings.

Who Could Qualify for the Gemini AI Lawsuit

Proposed Class: All U.S. residents with Google accounts whose private Gmail, Chat, and/or Meet communications were tracked by Gemini AI after Google turned on “Smart Features” on or about October 10, 2025.

To Qualify: ✓ Have a Google account
✓ Use Gmail, Google Chat, or Google Meet
✓ Had Gemini AI “Smart Features” activated without your explicit consent after October 10, 2025

How to Check Your Settings:

1. Go to Gmail settings (gear icon)
2. Click “See all settings”
3. Navigate to “General” tab
4. Look for “Smart Features and Personalization”
5. Check if it’s enabled

If enabled and you never turned it on yourself, you may be affected.

How the Two Gmail Lawsuits Differ

Other Active Gmail-Related Cases

Google Education Biometric Data Settlement (Illinois)

Status: Final approval granted October 17, 2025—claims closed

Who Qualified: Illinois students whose schools used Google Workspace for Education between March 2015 and May 2025, and had Voice Match or Face Match features create biometric models.

Settlement Amount: Undisclosed

Claim Deadline: CLOSED—too late to claim

Google Assistant “False Accepts” Privacy Case

Status: Ongoing litigation—no settlement yet

The Issue: Google Assistant allegedly activates and records audio even when users don’t say “OK Google,” capturing private conversations without consent.

Who’s Affected: U.S. purchasers of Google-Made Devices (Pixel phones, Google Home speakers, Nest devices, Pixelbooks) whose Gmail accounts were associated with those devices between May 18, 2016, and December 16, 2022.

Current Status: Class certified—case proceeding through litigation. No settlement or claim form available.

Website: GoogleAssistantPrivacyLitigation.com

What You Should Do Right Now

For the $425M Rodriguez Case:

Monitor developments: Visit GoogleWebAppActivityLawsuit.com for updates (note: website may be inaccessible due to heavy traffic).

Don’t file anything yet: No claim form exists. Ignore any websites asking for personal information to “claim” this settlement—they’re likely scams.

Keep evidence: If you disabled WAA settings during 2016-2024 and used non-Google apps, save any documentation of your Google account settings.

Wait for appeals: The case must survive Google’s appeal before any claims process begins.

For the Gemini AI Case:

Check your settings: Verify whether “Smart Features” are enabled in Gmail without your consent.

Disable if desired:

1. Gmail → Settings → See all settings → General
2. Find “Smart Features and Personalization”
3. Uncheck boxes to disable
4. Do the same in Google Chat and Meet settings

Document the change: Take screenshots showing the setting was enabled before you turned it off.

Monitor case developments: This lawsuit is brand new—watch for class certification and settlement announcements.

General Gmail Privacy Protection:

Review all privacy settings:

• Go to myaccount.google.com/data-and-privacy
• Review “Web & App Activity”
• Check “Location History”
• Examine “YouTube History”
• Review “Ad Personalization”

Understand what each setting actually does: Read Google’s explanations carefully. The Rodriguez verdict shows some settings don’t work as users expect.

Consider alternatives: If privacy is paramount, evaluate switching to ProtonMail, Tutanota, or other privacy-focused email services.

Gmail Data Breach: Separate Issue

October 2025: Security researcher Troy Hunt reported 183 million Gmail addresses compromised in a data breach, with passwords exposed from various sources.

What to do:

• Visit HaveIBeenPwned.com to check if your Gmail was compromised
• Change your password immediately if affected
• Enable two-factor authentication
• Review recent account activity for suspicious logins

Important: This breach is NOT part of any current class action lawsuit. Google is not currently facing legal action over this breach.

Why These Gmail Cases Matter

Expanding Privacy Theories:
Courts increasingly recognize claims under state constitutional privacy provisions and common law torts, even without data breaches or statutory violations.

Jury Skepticism of Tech Companies:
The Rodriguez verdict shows juries are willing to find against major tech companies when they believe privacy controls are confusing or deceptive.

The AI Privacy Frontier:
The Gemini lawsuit represents the cutting edge of AI privacy litigation. How courts handle claims about AI scanning private communications will shape the future of AI integration in consumer products.

California’s Strict Privacy Laws:
California’s 1967 Invasion of Privacy Act (CIPA) prohibits recording confidential communications without consent. This law predates the internet but is being applied to modern AI surveillance.

Related Google Privacy Litigation

Android Data Transfer Case:
A California state court jury awarded $314 million in July 2024 in a separate case involving Android data collection practices.

Google RTB Consumer Privacy Litigation:
Google agreed to a settlement allowing users to limit personal data shared in the ad-bidding process.

Chrome Incognito Mode Settlement:
Google settled claims about incognito mode data collection in 2024. That settlement required practice changes but no consumer payments.

Upcoming Federal Trial:
A nationwide federal privacy trial against Google is scheduled for April 2026, addressing additional data collection allegations.

Common Questions About Gmail Lawsuits

Q: Can I claim money from the $425 million verdict right now?

No. Google is appealing. No claim form exists. Don’t trust any websites claiming you can file claims now—they’re scams.

Q: How much money will I actually receive if Google loses the appeal?

Unknown. The jury awarded ~$4 per person (425.7M ÷ 98M users). However, if plaintiffs succeed in raising the award to $2.36 billion, payments could be $20-25 per person. Legal fees and administrative costs will reduce these amounts.

Q: What if I have a Google Workspace account through my employer?

Enterprise accounts are excluded from the Rodriguez settlement. You likely don’t qualify unless you also had a personal Gmail account with WAA disabled during the class period.

Q: Is the Gemini AI lawsuit legitimate?

Yes. It was filed in federal court on November 11, 2025. However, it’s extremely early—no class certification, no settlement, no claim form. It could take 3-5 years to resolve.

Q: Should I opt out of these lawsuits to sue Google myself?

You cannot opt out yet because no settlement exists. IF a settlement is eventually proposed, only opt out if you have an exceptionally strong individual case worth significantly more than the class payout. Consult an attorney first.

Q: Does Google use my Gmail to train AI?

Google states it does NOT use Gmail content to train Gemini AI models. However, the Gemini lawsuit alleges Google scans Gmail communications using AI for other purposes like personalization and smart features.

Q: What’s the difference between “Web & App Activity” and Gemini AI?

WAA collects data about your searches and app usage across Google services and third-party apps. Gemini AI allegedly scans the actual content of your emails, chats, and video calls to provide AI-powered features.

Q: Are there any Gmail settlements accepting claims right now?

No. The Illinois Education settlement closed in 2025. The Rodriguez verdict is under appeal. The Gemini case just started. No Gmail-related settlements are currently accepting new claims.

Q: How long will the Rodriguez appeal take?

 Typically 1-3 years. Ninth Circuit appeals average 12-18 months, but this high-profile case could take longer. If appealed to the Supreme Court, add another 1-2 years.

How to Protect Your Gmail Privacy Today

Limit data collection:

• Disable “Web & App Activity”
• Turn off “Location History”
• Disable “Smart Features” in Gmail
• Opt out of ad personalization

Use end-to-end encryption:

• Enable Gmail confidential mode for sensitive emails
• Use encrypted messaging apps for private conversations
• Consider switching to ProtonMail for maximum privacy

Review third-party app permissions:

• Go to myaccount.google.com/permissions
• Remove access for apps you no longer use
• Check what data each app can access

Enable security features:

• Activate two-factor authentication
• Use a strong, unique password
• Review security checkup at myaccount.google.com/security-checkup

Read privacy policies carefully:

• Understand what “disabling” a setting actually does
• Note the difference between “pause” and “delete”
• Recognize that some data collection may continue even when settings are “off”

What’s Next in Google Privacy Litigation

2026 Developments to Watch:

• Rodriguez appeal decision (Ninth Circuit)
• Gemini AI case class certification hearing
• April 2026 nationwide privacy trial
• Additional AI privacy lawsuits likely to be filed

Regulatory Pressure:
The Federal Trade Commission and state attorneys general continue investigating Google’s privacy practices. Expect more government enforcement actions.

Industry-Wide Implications:
These cases affect all tech companies deploying AI in consumer products. Apple, Microsoft, Meta, and Amazon face similar scrutiny over AI privacy practices.

Evolving Legal Standards:
Courts are developing new frameworks for AI-era privacy protection. The outcomes of these Gmail cases will influence tech regulation for years.

Contact Information

Rodriguez v. Google ($425M Verdict):
Website: GoogleWebAppActivityLawsuit.com (when accessible)
Case No. 3:20-cv-04688 (N.D. Cal.)

Thele v. Google (Gemini AI):
No settlement administrator yet
Case No. 5:25-cv-09704 (N.D. Cal.)
Plaintiff’s Attorneys: Ahdoot & Wolfson P.C.

Google Assistant Privacy Litigation:
Website: GoogleAssistantPrivacyLitigation.com
Case No. 5:19-cv-04286 (N.D. Cal.)

Class Counsel (Rodriguez):

• Susman Godfrey LLP
• Boies Schiller Flexner LLP
• Morgan & Morgan

Critical Reminders

Beware of scams: Never pay fees to claim settlement money. Legitimate settlements are always free to claim.

Verify legitimacy: Only trust official settlement websites listed in court documents. Scammers create fake claim sites for high-profile cases.

No action required yet: For both major Gmail lawsuits, no claim forms exist. Don’t provide personal information to any website claiming you can file claims now.

Be patient: Major class actions take years to resolve. The Rodriguez case started in 2020 and still isn’t resolved. The Gemini case could take until 2030.

Protect yourself now: Don’t wait for lawsuits to resolve. Review and adjust your Gmail privacy settings today.

Monitor developments: Bookmark official settlement websites and check periodically for updates about claim procedures.

Consider tax implications: If you eventually receive settlement payments, consult a tax professional about reporting requirements.

Sources: Court filings in Rodriguez v. Google LLC, Case No. 3:20-cv-04688 (N.D. Cal.); Thele v. Google LLC, Case No. 5:25-cv-09704 (N.D. Cal.); jury verdict dated September 3, 2025; Bloomberg Law reporting; Top Class Actions; National Law Review; federal court PACER records; Google official statements.

Last Updated: December 2025. Legal proceedings are ongoing. Verify current case status through official court documents and settlement websites.

About the Author

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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