In re Google Referrer Header Privacy Litigation

87 F. Supp. 3d 1122, 91 Fed. R. Serv. 3d 165, 2015 U.S. Dist. LEXIS 44057, 2015 WL 1520475
CourtDistrict Court, N.D. California
DecidedMarch 31, 2015
DocketCase No. 5:10-cv-04809-EJD
StatusPublished
Cited by3 cases

This text of 87 F. Supp. 3d 1122 (In re Google Referrer Header Privacy Litigation) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Google Referrer Header Privacy Litigation, 87 F. Supp. 3d 1122, 91 Fed. R. Serv. 3d 165, 2015 U.S. Dist. LEXIS 44057, 2015 WL 1520475 (N.D. Cal. 2015).

Opinion

[1126]*1126ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT; GRANTING MOTION FOR ATTORNEYS FEES, COSTS AND INCENTIVE AWARDS

Re: Dkt. Nos. 65, 66

EDWARD J. DAVILA, District Judge

This consolidated internet privacy litigation against Defendant Google Inc. (“Google”) returns for final approval of a class action settlement. See Docket Item No. 65. Representative Plaintiffs Paloma Gaos, Anthony Italiano and Gabriel Priyev (“Plaintiffs”) also seek an order approving their request for attorneys fees, costs and incentive awards. See Docket Item No. 66.

Federal jurisdiction arises pursuant to 28 U.S.C. § 1331. Having carefully considered the written briefing along with the arguments of counsel at the hearing on this matter, the court has determined the motions should be granted for the reasons explained below.

I. FACTUAL AND PROCEDURAL BACKGROUND

The court previously described the factual allegations underlying this lawsuit and repeats them again here. According to the Consolidated Class Action Complaint (“CCAC”), “searching” is one of the “most basic activities performed in the Internet,” and Google’s website offers “the most-used search engine in the world.” See CCAC, Docket Item No. 50, at ¶¶ 15, 16. This case focuses on that proprietary search engine. Plaintiffs allege Google operated its search engine in a manner that violated their Internet privacy rights by disclosing personal information to third parties.

Specifically, Plaintiffs allege that Google’s search engine intentionally and by default included the user’s search terms in the resulting URL of the search results page. Id. at ¶ 56. Thus, when a user of Google’s search engine clicked on a link from the search results page, the owner of the website subject to the click receives the user’s search terms in the “referrer header” from Google. Id. at ¶ 57. This information is then disseminated further, [1127]*1127since several web analytics services parse search query information from web server logs, or otherwise collect the search query from the referrer header transmitted by each user’s web browser. Id. at ¶ 58. Indeed, Google’s own analytics product provides webmasters with this information in the aggregate. Id.

According to Plaintiffs, the problem with Google’s disclosure of users’ search information to the third parties is that the referrer header — which displays the user’s search terms — can sometimes contain certain personal information often subject to search queries, including “users’ real names, street addresses, phone numbers, credit card numbers, social security numbers, financial account numbers and more, all of which increases the risk of identity theft.” Id. at ¶ 3. “User search queries can also contain highly-personal and sensitive issues, such as confidential medical information, racial or ethnic origins, political or religious beliefs or sexuality, which are often tied to the user’s personal information. Id. at ¶ 3.

Based on these allegations, Plaintiffs assert the following causes of action against Google: (1) violation of the Stored Communications Act (“SCA”), 18 U.S.C. § 2701; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) breach of implied contract; (5) unjust enrichment; and (6) declaratory and injunctive relief.

Gaos initiated an action in this court on October 25, 2010, and Priyev filed an action on February 29, 2012, in the Northern District of Illinois. On April 30, 2013, the cases were consolidated after the Priyev action was transferred to this court. On March 26, 2014, the court granted the parties motion for preliminary approval of the settlement, certified a settlement class and appointed counsel. These motions were filed upon completion of the notice plan.

The court received four written objections to the settlement from Kim Morrison, David Weiner, Melissa Holyoak, Theodore H. Frank, and Cameron Jan. A hearing addressing final approval was held on August 29, 2014.

II. LEGAL STANDARD

A class action may not be settled without court approval. Fed. R. Civ. P. 23(e). When the parties to a putative class action reach a settlement agreement prior to class certification, “courts must peruse the proposed compromise to ratify both the propriety of the certification and the fairness of the settlement.” Staton v. Boeing Co., 327 F.3d 938, 952 (9th Cir.2003).

“Approval under 23(e) involves a two-step process in which the Court first determines whether a proposed class action settlement deserves preliminary approval and then, after notice is given to class members, whether final approval is warranted.” Nat’l Rural Telecomms. Coop. v. DIRECTV, Inc., 221 F.R.D. 523, 525 (C.D.Cal.2004). At the final approval stage, the primary inquiry is whether the proposed settlement “is fundamentally fair, adequate, and reasonable.” Hanlon v. Chrysler Corp., 150 F.3d 1011, 1026 (9th Cir.1998). Having already completed an preliminary examination of the agreement, the court reviews it again, mindful that the law favors the compromise and settlement of class action suits. See, e.g., Churchill Village, LLC. v. Gen. Elec., 361 F.3d 566, 576 (9th Cir.2004); Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1276 (9th Cir.1992); Officers for Justice v. Civil Serv. Comm’n, 688 F.2d 615, 625 (9th Cir.1982). Ultimately, “the decision to approve or reject a settlement is committed to the sound discretion of the trial judge because he is exposed to the litigants and their [1128]*1128strategies, positions, and proof.” Hanlon, 150 F.3d at 1026.

III. DISCUSSION

A. Continuing Certification of Settlement Class

This analysis begins with an examination of whether class treatment remains appropriate. The court found at the preliminary approval stage that Rule 23(a)’s requirements of numerosity, commonality, typicality, and adequate protection by the named representatives were satisfied. As to those issues, Plaintiffs anticipated a class comprised of approximately 129 million individuals who all share a common injury. The existence of this injury for each class member could be determined by resolving one question: whether Google’s system-wide practice and policy of storage and disclosure of their search query information was unlawful. Plaintiffs’ claims were also typical, if not identical, to that of other class members. For that reason, there was no indication that Plaintiffs’ interest would conflict with that of the class, and Plaintiffs and their counsel had proven a desire to vigorously pursue class claims as evidenced by prior motion practice.

As to Rule 23(b), the court found that common questions predominate and that the class action mechanism was a superior process for this litigation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Frank v. Gaos
586 U.S. 485 (Supreme Court, 2019)
Noll v. eBay, Inc.
309 F.R.D. 593 (N.D. California, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
87 F. Supp. 3d 1122, 91 Fed. R. Serv. 3d 165, 2015 U.S. Dist. LEXIS 44057, 2015 WL 1520475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-google-referrer-header-privacy-litigation-cand-2015.