Washington Sues Google For Secretly Tracking Users' Location

OLYMPIA, WA — Washington Attorney General Bob Ferguson is filing a lawsuit against tech giant Google, alleging that the company has been deceptively tracking users' location— even when users have specifically requested it do not.

The crux of Washington's lawsuit is that Google gives users the false impression that they can turn off location tracking. It's well known that Google collects data on each users' location, selling that data to advertisers, who then use that information to create targeted ads. Less well known: even though users can turn off “Location History” in their account settings, it doesn't stop Google from tracking and selling that data.

"In reality, consumers cannot effectively prevent Google from collecting, storing and profiting from their location data," the Attorney General's Office (AGO) said in a news release announcing the suit.

Unfortunately, the AGO said, deceptive practices like that are big business for Google: in 2020 the company made nearly $150 billion from advertising, much of which was only made possible through location tracking.

Other complaints against the company include that it intentionally makes it difficult to find location settings, that location setting descriptions are misleading, and that it offers incomplete disclosures about location data collection.

“Location data is deeply personal for consumers,” Ferguson said. “This information reveals the most significant details of our lives. Google denied consumers the ability to choose whether Google could track their sensitive location data to make a profit. Google kept tracking individuals’ location data even after consumers told the corporation to stop. This is not only dishonest — it’s unlawful.”

Ferguson's office also decried Google's habit of pinging or alerting users, asking them to re-enable location settings once they are turned off.

"Google deceptively designed its devices to prompt users to turn on Location History," the AGO said. "For example, in the set-up process for some Google products, such as Google Maps, Google Now and Google Assistant, Google included a prompt to turn on Location History, claiming that these products “need” or “depend” on the feature. However, these products could properly function without users agreeing to constant tracking."

The AGO says the issue first came to its attention thanks to a 2018 Associated Press investigation, which found that some Google apps continued to store time-stamped location data even with location history off, and that Google searches — even those that didn't have anything to do with location or directions — pinpointed the users' location and saved it. Investigators also found that Google Maps also stores a snapshot of the users' location every time it is opened.

Washington's lawsuit asks that Google pay up to $7,500 per violation of the Consumer Protection Act. Ferguson's office estimates there may be "hundreds of thousands of potential violations." Google would also be forced to surrender profits made from deceptive location tracking practices, and dump the data it illegally acquired.

The suit is far from the only time Washington has accused Google of operating illegally. Just last December, Washington was one of 38 states that filed an anti-trust lawsuit against Google. Before that, Ferguson twice sued Google for breaking campaign finance laws.