In re Google Inc.

Initially, Google Inc. (defendant) offered a web-based electronic-mail service to its users, called Gmail. Google placed a notice of its privacy policies and practices on its website, stating in essence that Gmail stored, processed, and maintained consumers’ messages, contact lists, and other account data in order to provide the mail service. The policy also informed consumers that their personal information was used for a particular service, and if Google were to use information in a different manner, the user’s consent would be obtained prior to the different use. Thereafter, Google launched a social-networking service, called Buzz, within the Gmail product. In Buzz, users could post updates, photos, and comments. Without prior notice to consumers, Google set up Buzz accounts for Gmail users, populating their accounts with “followers” based on a user’s email contacts and having the user automatically “follow” other users. The set-up process for Buzz did not adequately disclose the automatic sharing of user information; the features and controls in Buzz were confusing; and users often did not know how to completely opt out of Buzz. For example, even if a user selected the option “Turn off Buzz,” the user was still enrolled in certain features of Buzz. A user could find herself “following” an abusive ex-husband or any number of email contacts, against the user’s will. The Federal Trade Commission (FTC) initiated an enforcement action against Google, alleging that Google misinformed its users regarding the extent of use of consumer information. Google consented to entry of an order.