Google’s Chrome Incognito mode has been largely assumed by many to mean that while using the feature, you shouldn’t be able to be tracked, right? Unfortunately, it seems that the feature wasn’t as private as one would have liked which led to a class action lawsuit being filed against the company.

Google had initially hoped to have the case against them thrown out, but unfortunately for the company, no such luck. According to a report from Bloomberg, US District Judge Lucy Koh has since ruled that Google will need to face the lawsuit. Of course, it is possible that Google could win the lawsuit against them, but it will still be time and money spent having to defend it.

The company had previously argued that its incognito mode was not meant to turn the user invisible and that they noted that data can still be collected. Google spokesperson José Castañeda told The Verge that they plan on defending themselves against the lawsuit and the allegations made against them.

He goes on to make a statement which reads, “As we clearly state each time you open a new incognito tab, websites might be able to collect information about your browsing activity during your session.”

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