Arizona lawsuit claims Google illegally tracked Android smartphones

The state of Arizona has filed a lawsuit against Google claiming that the company uses “deceptive and unfair practices used to obtain users’ location data, which Google then exploits for its lucrative advertising business.”

The state says that Google is in breach of the Arizona Consumer Fraud Act because the search giant keeps location tracking running in the background of its Android smartphones explicitly through applications such as Google Maps, without users necessarily being aware of it.

These include the device location, Wi-Fi and Bluetooth scanning, advert personalisation, location reporting, and usage and diagnostic data that can be used to “infer location”. Even when users believe location settings are turned off, Google is still collecting information through other means.

The lawsuit breaks Google’s practises down between account-level, device-level, and app-level permissions, arguing that many settings are enabled by default and can conflict with each other. “A user may have a single Google Account that is used on multiple devices.

"For example, a device-level location setting may be turned off for that user's Pixel phone, but turned on for the user's tablet” it says. It contains testimony from Google employees and internal documents obtained from Google over a two-year investigation.

In the press release, the state’s investigation argues that Google makes it difficult for users to understand what is being done with said data so the company can better profit from it via advertising. Some settings seemingly have nothing to do with the collection of location information.

The search giant has been accused of obscuring its users’ consent with regards to location data and privacy settings for at least three years. In 2017, it was reported that Google could track you even if you turned off location services, stopped using apps, and removed your SIM card because Android devices with a cellular or Wi-Fi connection collect the data of nearby cell towers, thereby providing the company with an estimation of the users’ location.

In 2019, the company released new tools to automatically delete data because of Google’s detailed records of everywhere you’ve been via Google Maps, both on iPhones and Android devices.

“While Google users are led to believe they can opt-out of location tracking, the company exploits other avenues to invade personal privacy,” said Attorney General Mark Brnovich. “It’s nearly impossible to stop Google from tracking your movements without your knowledge or consent. This is contrary to the Arizona Consumer Fraud Act and even the most innovative companies must operate within the law.”

Speaking to the Washington Post, the attorney general said: “At some point, people or companies that have a lot of money think they can do whatever the hell they want to do, and feel like they are above the law. I wanted Google to get the message that Arizona has a state consumer fraud act. They may be the most innovative company in the world, but that doesn’t mean they’re above the law.”

The state’s anti-fraud laws would allow Arizona to receive $10,000 (approximately £8,000) per violation.

The Independent has reached out to Google for comment.

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