Google Faces Class Action for Scanning Gmail Messages

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Attorneys representing a Texas man have a filed a potential class action lawsuit against Google for scanning the emails of non-Gmail users who email Gmail users without their consent. The lawsuit is alleging Google performs these scans in violation of privacy laws so that it can use the information to sell and place targeted ads on account holders’ user screens.

Keith Dunbar of Bowie County, Texas, claims that Google scanned emails he sent from a non-Gmail address to Gmail users without his consent. Google scans emails in order to send Gmail users targeted ads based on the content of messages they receive.

The Gmail scanning class action lawsuit objects to Gmail’s use of information it finds in email messages sent to Gmail accounts by those who don’t use Gmail, claiming it violates the Electronic Privacy Act of 1986.

“Google intercepts and uses the information from non-Gmail account holders without regard to the privacy or proprietary nature of the information,” the lawsuit states. “As a result of Google’s actions intercepting non-Gmail account holders’ email, Google obtains a monetary benefit without the consent of the class members and without compensation to them.”

The Google Gmail scanning lawsuit is seeking class action status so other non-Gmail users may also join the lawsuit. It is seeking damages of $100 a day for each violation or $10,000, whichever is greater. It is also asking that Google relinquish the profits it made as a result of the Gmail scanning and be banned from further scanning without consent.

Google, of course, is no stranger to privacy lawsuits. Earlier this year the search engine company was hit with a series of class action lawsuits after it admitted its Google Map Street View cars had “accidentally” collected user data from unprotected home WiFi networks. And, in September, the company agreed to an $8.5 million class action lawsuit settlement for allegedly violating users’ privacy with the launch of GoogleBuzz.

UPDATE: Class action lawsuits over Google’s alleged snooping of Gmail emails have been consolidated into multidistrict litigation. On Jan. 27, 2014, the federal judge overseeing the Gmail MDL denied a motion by Google to have the Ninth Circuit review possible exemptions under the Wiretap Law that could derail the Gmail privacy class action lawsuit.