Google negotiated a $135 million preliminary settlement in late January 2026 to end a federal class-action lawsuit involving Taylor and Google, where both are alleging the business improperly used the cellular data of Android users without their consent.
The settled class action from Google claims that it used the Android operating system to conduct passive data transfers without users’ knowledge or consent by agreeing to pay $135 million.
On January 28, plaintiffs Mick Cleary, Jennifer Nelson, and Joseph Taylor submitted a motion for preliminary approval of the Google class action settlement.
The Google settlement stipulates that the company will create a nonreversionary settlement fund of $135 million to compensate a proposed class of over 100 million Americans who used smartphones running Android with cellular data plans offered by mobile carriers between November 12, 2017, and the date of the final judgement.
The plaintiffs claim that after deducting attorney fees, costs, incentive awards, and administrative expenses, settlement class members will receive a pro rata payout of up to $100 per individual.
California-based Android users who are covered by a different proposed class action that is already ongoing in state court on behalf of some 14 million users in the state are not included in the proposed settlement class.
In the case, a Santa Clara County Superior Court jury granted the plaintiffs roughly $314.6 million in July 2025 after concluding that Google had illegally induced Android devices to surreptitiously transmit specific data over cellular networks for Google’s own gain.
Despite devices being dormant, Google Android allegedly sent data, according to the lawsuit.
In a claim from the plaintiffs, in which they had claimed that even when users’ devices were not in use or were not linked to Wi-Fi, Google’s Android operating system was still using their cellular data.
According to the Google class action lawsuit, “Google’s Android operating system covertly appropriates cellular data paid for by the plaintiffs while the plaintiffs’ Android devices are in their purses and pockets, and even while sitting seemingly idle on the plaintiffs’ nightstands as they sleep.”
The plaintiffs claim that Google’s actions infringed upon users’ right to privacy and resulted in needless data costs, and that the company’s terms of service allegedly did not adequately disclose these activities.
Google will update Google Play terms as part of the settlement with Google to clarify that some data transfers take place “in the background, when you are not directly interacting with your device”, may use cellular data when a device is not Wi-Fi connected and are not always deactivable.
By adding a new section to the “setup flow”, with an “accept” button shown to all Android users who set up a new device, Google will also be required by the provisions of the injunctive relief to get Android users’ affirmative agreement before accessing their cellular data.
In order to make sure the feature is no longer deceptive, Google also agreed to take action to disable the “allow background data usage” setting, which plaintiffs claim did not prevent data transfers while implying otherwise.
Google and Alphabet agreed to pay $68 million earlier this year to resolve a class action lawsuit alleging that they illegally and without consent captured customers’ talks using Google Assistant-enabled devices. The required changes to Android have required Google to carry out a number of transparency improvements as part of the Preliminary Settlement Agreement. This includes
Explicit approval: During the initial device setup procedure, Google has to get the user’s explicit approval before transferring any background data.
Opt-Out Toggle: Android will get a new feature that will make it simple for users to turn off data transfers over cellular networks.
Terms Disclosure: In order to make it clearer when and why background cellular data is used, Google has to change its Google Play Terms of Service.
A final court clearance is still needed for the settlement before the claims procedure can start. If the court accepts the agreement, a trial that was initially planned for August 5, 2026, will not take place. When a specialised claims website launches, users should monitor official announcements from sites such as Top Class Actions.
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