Korein Tillery Secures Class Certification for 13 Million California Android Mobile Device Users
Korein Tillery and its co-counsel, Barlit Beck LLP and McManis Faulkner, APC, have successfully secured certification of a class of over 13 million Californian Android mobile device users who had their cellular data stolen by Google without their knowledge or consent.
In an October 26, 2023 decision, the Hon. Judge Sunil Kulkarni of the Superior Court of California for the County of Santa Clara granted a motion by plaintiffs Attila Csupo, Andrew Burke, and Kerry Hecht to certify a class of over 13 million Californians “who have used mobile devices running the Android operating system to access the internet through cellular data plans provided by mobile carriers” for claims of conversion and quantum meruit against Alphabet, Inc. (“Google”). Plaintiffs allege that Google’s Android operating system and mobile phone applications engage in “passive transfers” that can occur “in the background…including when mobile devices are in a completely idle state, meaning they are stationary, untouched, and with all apps closed.” These passive transfers are initiated by Google for Google’s benefit, and use class members’ cellular data without their consent.
Plaintiffs estimate that Google’s conversion of the class members’ cellular data has caused hundreds of millions of dollars in damages to the class, and the case seeks to recover those damages from Google for the class members.
The case is Csupo v. Google LLC, Case No. 19-cv-352557 (Cal. Super. Ct., County of Santa Clara). A copy of the opinion can be downloaded here: Csupo v. Google -- Class Certification Order.