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Google Lawsuit

On March 25, 2024, Wondrous Manifest filed a class action lawsuit with the Lisbon District Court (case no.: 8453/24.5T8LSB) to defend Portuguese and European Union consumers who have been harmed by Google’s abusive personal data collection and processing practices. The lawsuit seeks compensation for damages caused by unlawful practices committed against the rights of Android smartphone users, which has been assigned a case number.

This action aims to put an end to these practices that violate the European Union’s Data Protection Regulation and complementary legislation, the Law on the Protection of Personal Data and Privacy in Telecommunications and legislation on the protection of consumers and fundamental rights, as well as forcing Google to rectify the Privacy Policies and Terms of Use of the Android operating system and to compensate consumers for the damage caused.

Wondrous Manifest is represented in this action by the law firm J+Legal.

Lawsuit Status

IN PROGRESS

Details

What is the action about?

This is an action for compensation for damages caused by Google’s culpable and/or intentional illegal practices against the rights of Android smartphone users.

It is an action for the defense of consumer rights, brought under the Law of Popular Action (Law no. 83/95 of August 31) and Decree-Law no. 114-A/2023 on collective actions for the protection of consumer interests.

Who is represented in this action?

 All owners and users of Android devices in Portugal are represented in this class action, for which Google, through the use of “Google Play Services”, has been responsible for collecting and processing personal data, during the identified Relevant Period, – from May 25, 2018, and the date of the final decision becoming final or the date of a possible agreement – and who do not exercise their right to exclusion, communicating this intention to the court. As well as all users without habitual residence in Portugal of Android devices and who expressly express their desire to be represented in the collective action.

What is this action asking for?

Wondrous Manifest requests that:

  1. a) It is declared that Google’s conduct violated the European Union’s Data Protection Regulation and complementary legislation, the Law on the Protection of Personal Data and Privacy in Telecommunications and legislation on the protection of consumers and fundamental rights;
  2. b) It is declared that such conduct generates civil liability by action and omission and has caused material and immaterial damage to users of smartphones with the Android operating system in the Portuguese market, and Google be ordered to recognize this;
  3. c) Google be ordered to refrain from the infringing practices;
  4. d) Order Google to rectify the Privacy Policies and the Terms of Use of the Android Operating System;
  5. e) Order Google to pay compensation to all the injured parties represented in this action for the damage caused to them by these unlawful practices, plus default interest from the date of service until full and effective payment.

How does the class action and consumer compensation work?

According to the law, if the court decides in favor of Wondrous Manifest, the following steps will follow:

  1. a) The court will determine the overall amount of compensation to be paid by Google to consumers, to be deposited in a compensation fund;
  2. b) The court will designate an entity responsible for managing the compensation fund, including the receipt, management, and payment of compensation to injured consumers;
  3. c) The court will set a deadline for consumers to request their share of the compensation, and this information will be disclosed in various ways;
  4. d) Consumers will have to contact the entity managing the compensation fund and present the evidence determined by the court, together with payment instructions, to receive their share of the compensation;
  5. e) At the end of the legally established period, if there is a part of the overall compensation not claimed by the consumers:

(i) That amount will be used to cover the costs incurred by Wondrous Manifest in the context of the action;

(ii) The remainder shall revert: a) In 60 /prct. to the Fund for the Promotion of Consumer Rights; b) In 40 /prct. to Instituto de Gestão Financeira e Equipamentos da Justiça, I. P.

Do consumers need to contact the Court or Wondrous Manifest?

All Android smartphone users residing in Portugal (and all those without habitual residence in Portugal of Android devices who expressly express their wish to be represented in the class action), who use the device as of May 25, 2018, are automatically represented in this class action and to that extent do not need to contact the Court or Wondrous Manifest.

At the end of the process, in the event of success, consumers should contact the entity designated by the Court to request their compensation. However, if they wish to intervene in the action in support of the Wondrous Manifest, they will have the opportunity to do so within the time limit to be set by the Court.

All the progress of the case and all the information will be published on our website.

How is this case funded?

This action is funded by a funder based in the United States of America.

The funder bears the full cost of Wondrous Manifest’s litigation and assumes all associated risks. It will only recover its investment if the lawsuit is successful, with the authorization of the court, and provided that there is a surplus of the overall compensation after distribution to consumers who request it.

The financing agreement ensures compliance with anti-money laundering and anti-terrorist financing regulations, as well as transparency before the court as to the origin of the funds.

This funding model guarantees that consumers will not be responsible for any costs associated with the conduct of this action and that each consumer who claims their share of the compensation at the end of the process will receive their full compensation.

News

20.05.2024 – Court notifies the Public Prosecutor’s Office

08.10.2024 – Publication of the notice to serve the holders of the interests in question

(The time limit for the holders of the interests in question to intervene in the main proceedings is running out, and also within the same time limit,
declare in the proceedings whether or not they agree to be represented by the Plaintiff or whether, on the contrary, they exclude themselves from such representation).

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