Android users across the country might be in line for a little surprise money as part of a proposed $135 million settlement with Google. The case centers on claims that Android phones quietly sent information to Google in the background and burned through users’ cellular data without their knowledge. The deal still needs a judge’s final signoff at a hearing set for June 23.
Who is covered and what the case is about
The proposed settlement class includes U.S. residents who used a mobile device running the Android operating system on a cellular data plan from Nov. 12, 2017 through the date of final judgment, with a carveout for people already covered by a separate California class, according to a proposed settlement filing on ClassAction.org. The lawsuit claims that background transfers sent various types of information to Google and used up paid cellular data even when phones appeared to be idle.
The settlement would also require injunctive relief. That includes clearer disclosures in Google’s Help Center and in the Android setup flow so that new users are asked for more explicit consent before any similar background activity occurs.
How much money and how the payments would work
If the agreement is approved, Google would pay $135 million into a nonreversionary fund, and the net amount would be split on a pro rata basis among eligible class members after attorneys’ fees and administrative costs, according to Bloomberg Law. Given industry summaries and the settlement administrator's estimate of around 100 million potential class members, payouts are expected to be small.
The administrator plans to pay people electronically. Class members can pick a preferred method, and for those who do not, the administrator will attempt to push funds automatically to linked PayPal, Venmo, or Zelle accounts, according to Top Class Actions reports. Any money left over after initial distributions would either be redistributed to class members if practical or sent to court-approved cy pres recipients.
How to find out if you qualify
The settlement administrator says it has already sent class notices with a notice ID and confirmation code by mail or email. If you are not sure whether you are included, you can call the administrator at 1-844-655-4255 or visit the official settlement site, FederalCellularClassAction.com, according to NBC Chicago. The website offers an online payment form for people who received a claim ID and lists multiple electronic payment options.
As with any large settlement, consumer advocates urge people to double-check any notice against the official settlement site and the court docket before entering bank or account details, to avoid falling for phishing emails or copycat scams.
Key deadlines, legal fees and what happens next
The court’s preliminary approval order sets May 29 as the deadline to opt out of the settlement or object to it, and schedules the final approval hearing for June 23 in San Jose, according to the court order posted on Justia. Plaintiffs’ lawyers plan to ask for fees of up to 29.5 percent of the fund, or about $39.8 million, plus around $750,000 in litigation costs.
Individual payments are capped at $100, although plaintiffs’ counsel say they do not expect anyone to hit that ceiling, according to the court’s preliminary approval order on Justia. The agreement also calls for Google to update certain disclosures and Android setup screens. Google has denied the lawsuit’s claims and says it did nothing wrong, according to Bloomberg Law.
If the judge grants final approval on June 23, the settlement administrator is slated to begin sending electronic payments to eligible Android users after the court’s order becomes effective.
