Do You Own an Android Phone? Claim a Part of Google’s $135M Data Harvesting Settlement Soon

If you have an Android phone and you live in the US, you may be eligible to claim part of an upcoming $135 million settlement payout. The case centers on the allegation (PDF) that Google “effectively forces users to subsidize its surveillance by secretly programming Android devices to constantly transmit user information” using the very same cellular data that customers purchased themselves.

The class-action lawsuit Joseph Taylor v. Google (PDF) alleges that, starting in 2017, Google updated Android OS to automatically collect cellular data via carriers, with no way for users to opt out. The lawsuit alleges that this data collection occurred even when people took steps such as disabling location tracking or closing apps.

Don’t miss any of our unbiased tech content and lab-based reviews. Add CNET as a preferred Google source.

The lawsuit also makes another significant allegation: that Google’s data collection practices constituted a crime called conversion. Conversion occurs when one party takes property from another with the intent to deprive them of it. No prior conversion case has ever settled for a sum as large as $135 million.

Google has denied any wrongdoing, and the court has not decided if the company violated any laws. Regardless, Google has agreed to settle with class members, and the court has preliminarily approved the settlement payment.

“We are pleased to resolve this case, which mischaracterized standard industry practices that keep Android safe. We’re providing additional disclosures to give people more information about how our services work,” said Google spokesperson José Castañeda.

The official settlement website is live now, but payment is subject to the court’s final approval meeting. This meeting is currently scheduled for June 23. The meeting will confirm the payment sum, allocate attorneys’ fees and create a distribution plan to make sure the money gets to eligible class members. Any changes to the scheduling of the final approval meeting will be reflected on the settlement website.

If you fit all of the criteria to be a class member in this case, you’re automatically eligible to receive a part of the settlement payment sometime after the final approval hearing. Crucially, however, you’re not guaranteed to receive any money unless you select a preferred method of payment on the settlement website by June 23.

You can opt out of the settlement payment if you’d like to retain your right to sue Google over its alleged Android data harvesting practices separately, but you must do so by May 29, or you’ll be legally bound as a member of this settlement class.

The lawsuit could have significant implications for data privacy and other data collection practices. It will also force a change to Google’s terms of service. The company has agreed to obtain more explicit consent from Android users when first using new phones, to include a toggle button to turn off certain types of data collection and to disclose data collection more clearly.

Which Android users can be part of the Google settlement?

You may have an Android phone, but that doesn’t automatically make you eligible to claim money from this suit. While the settlement payment and distribution plan haven’t been confirmed, there’s a very specific outline detailing who is a settlement member.

In order to join, you must meet all of the following criteria:

1. Be a living person in the United States or its territories.
2. Used a mobile phone with Android OS and a cellular data plan anytime between Nov. 12, 2017 and this settlement’s final approval.
3. Did not participate in the class-action lawsuit Csupo v. Google LLC (PDF). This was a case that centered on the same allegations but solely involved California residents. You can not be a class member in both suits.

Affected individuals who meet these qualifications are automatically part of the settlement class unless they choose to opt out before May 29. Any updates will be posted to the official settlement website.

How much will the Android data harvesting settlement pay?

While we don’t know exactly how much each class member will be paid out by the settlement, there is an upper bound. Payments are capped at $100 per person, so don’t expect to get more than that.

A portion of the settlement money will firstly be allocated to attorneys’ fees, and then the rest of the cash will be equally distributed to class members. If any money is left over after the first round of distributions, it will be portioned out in a smaller second round of settlement payments to eligible members of the settlement class.

Even if you’re a class member, you still have to input your preferred payment details via the official settlement website in order to guarantee the money will be distributed correctly.

Another settlement involving Google’s ad targeting

This isn’t the only class-action suit alleging Google’s ad targeting practices have stepped over the line. Google recently agreed to a $68 million preliminary settlement in another case, this one involving Google Assistant (now being replaced with Gemini for Home).

Users alleged that smart devices used Google Assistant to listen to them without their activation, leading to ad targeting based on information they hadn’t willingly shared. In that settlement, payments will be made automatically. No claim form is required to receive a payment.