A California jury has ordered Google to pay $314.6 million for secretly tapping into customers’ mobile data plans. The verdict, delivered July 1, 2025, in Santa Clara County Superior Court held the tech giant liable for transferring information over cellular networks even when phones sat idle in users’ pockets.
Key Facts at a Glance:
- Verdict: $314.6 million awarded to class
- Affected: 14 million California Android users
- Time Period: August 9, 2016 to present
- Current Status: Google appealing, no payout yet
- What’s Next: Nationwide trial scheduled April 2026
Are You Affected by This Case?
You qualify as a class member if you meet these conditions:
- Resided in California
- Used an Android phone with a data plan
- Between August 9, 2016, and today
No action needed yet. Once appeals conclude, officials will announce how to claim your share. If you received an email notification in March 2025 and didn’t exclude yourself by May 15, 2025, you’re part of the class.
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California Jury Sides With 14 Million Android Users
When the month-long trial ended July 1, 2025, jurors ruled Google had violated property rights by consuming data customers paid carriers to provide. Attila Csupo et al. v. Google LLC (Case No. 19CV352557) began in August 2019.
For the first time, a US jury applied conversion law to mobile data. Conversion typically covers situations like someone taking your car without asking; the ruling extended that principle to data plans.
Plaintiffs Attila Csupo, Andrew Burke, and Kerry Hecht accused Google of programming Android phones to send information to its servers through cellular networks rather than waiting for Wi-Fi. The panel agreed these transfers happened without users agreeing to them and consumed resources customers owned.
Glen Summers of Bartlit Beck LLP, lead attorney for the class, told Law360: “The evidence at trial revealed that Google secretly collects a massive amount of information from Android smartphones, and needlessly consumes Android owners’ cellular data without their consent to do so.”
Google spokesperson Jose Castaneda announced an immediate appeal: “This ruling is a setback for users, as it misunderstands services that are critical to the security, performance, and reliability of Android devices.”
Technical Evidence From Samsung Tests
Court proceedings included detailed analysis of how Android devices behave when left untouched. A Samsung Galaxy S7 running default settings with a newly created Google account produced these results over 24 hours:
- 8.88 MB transferred daily
- 94% of communications went directly to Google servers
- 389 separate transmissions recorded
- Phone completely stationary with all apps closed
A 2018 research study cited in court filings showed an Android phone with Chrome open but unused in the background made roughly 900 passive transmissions in one day. An iPhone running Safari under identical conditions? It sent approximately one-tenth as much, according to testimony at trial.
These transmissions consisted mainly of log files containing system metrics, network conditions, and lists of open applications. Plaintiffs argued none of it was time-sensitive and could wait for Wi-Fi.
“Although Google could make it so that these transfers happen only when the phones are connected to Wi-Fi, Google instead designed these transfers so they can also take place over a cellular network,” the complaint stated.
Breaking New Ground in Property Law
The verdict marked the first time a jury treated mobile data allowances as property under California law. Jurors ruled Google’s unauthorized use constituted conversion, applying the same legal theory used when someone takes physical items without permission.
George Zelcs, partner at Korein Tillery and co-lead counsel, framed the financial stakes: “The upshot is that these phone users unknowingly subsidise the same Google advertising business that earns over $200 billion a year.”
The ruling built on a February 2024 decision by the 9th Circuit Court of Appeals establishing mobile data as property under California law, clearing a major hurdle for trial.
Google’s defence team from Cooley LLP had argued throughout that data allowances cannot be treated as property and that the entire case amounted to a product design complaint rather than legitimate conversion. The jury rejected the argument.
Current Status: No Immediate Payout
Appeal Process Underway
Google filed notice of appeal immediately after the July 1 verdict, blocking any payment to class members until courts finish reviewing the case. Legal experts estimate the process could take two to three years.
Judge Charles F. Adams entered the monetary judgment on July 23, 2025, taking effect July 11, 2025, but paused it pending appeal.
Attorney Compensation
Class counsel requested fees equal to 33% of the verdict plus approximately $7 million in litigation costs; the money would come out of the settlement before distribution to class members. The court heard the request in November 2025 but hasn’t ruled yet.
Nationwide Federal Case Set for 2026
A parallel lawsuit covering Android users in the other 49 states proceeds in federal court in San Jose. Trial begins in April 2026, according to Reuters reporting. Potential damages could reach billions.
Marc Wallenstein, representing the California plaintiffs, called the $314 million verdict “the tip of the iceberg” in post-trial interviews.
What Android Users Should Do Now
Check Your Data Usage
Navigate to Settings > Network & Internet > Data Usage to see how much your phone consumes and which apps and system processes use the most.
Want to restrict background data for specific apps? Go to Settings > Apps > select the app > Mobile Data and Wi-Fi > toggle off Background data. The app can only transfer information when you open it directly.
System-Level Restrictions
Android includes a Data Saver mode limiting background data across all apps. Find it under Settings > Network & Internet > Data Saver. When enabled, apps can only use cellular data when actively open.
Important: According to trial evidence, system services may still transfer some information even with restrictions enabled.
Monitor Your Plan
Check bills for unexpected usage. If consumption doesn’t match actual phone use, contact your carrier for detailed breakdowns showing which services consumed data during each billing period.
Google’s Other Recent Legal Troubles
The verdict comes as Google faces a wave of privacy lawsuits. In May 2025, it paid Texas $1.37 billion to settle two separate cases involving location tracking and biometric data, resolving allegations it tracked users even when they disabled location services and collected facial recognition information improperly.
An Australian court fined Google $40 million in 2022 after finding it misled users about the Web & App Activity setting, which continued collecting location data despite users believing they had turned off tracking.
The European Commission fined Meta $227 million in April 2025 over its pay or consent advertising model, which regulators said forced users toward personalized tracking. Meta is appealing.
Bill Tilley, President and CEO of Amicus Capital Group, commented on the California verdict in Technology Magazine: “With 14 million Californians involved and potentially billions more nationwide, the stakes are high, and the outcome could reshape future data ownership claims.”
The Consent Question Courts Must Answer
Google argued throughout the trial that users consented via device setup agreements, terms of service, and privacy policies. Attorneys pointed to settings allowing some control over background data behaviour.
Jurors rejected the argument, ruling users never meaningfully agreed to transfers consuming their purchased allowances.
The consent question now moves to California appellate courts, where the appeal could determine whether tech companies need explicit permission before using customer-purchased mobile data for background operations.
In April 2026, a federal trial will address the same consent issues for tens of millions of Android users nationwide. Bloomberg reported in its July coverage that daily consumption averages 1 to 1.5 megabytes per device; per-person costs remain small, but when multiplied across millions over nearly a decade, the aggregate reaches substantial sums.
Android users now have legal backing to challenge companies that use purchased data allowances without clear disclosure. The nationwide trial will decide next year whether protection extends beyond California.
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