The Internet company is being charged in both lawsuits for violation of the Federal Wiretap Act, for wilful interception of communications and aggregation of personal information of its consumers for financial benefit, and the Stored Electronic Communications Act for exceeding its authorized access to consumer communications stored on its systems. Google is also charged with violation of the Computer Fraud Abuse Act, and other counts including state laws.
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In a suit filed before the U.S District Court for the Northern District of California, San Jose Division on Tuesday, Robert B. DeMars and Lorena Barrios said they were required to set up their Gmail accounts when they acquired mobile devices powered by Android.
Google has not only combined the information across products, but also not provided consumers with an easy and efficient way to opt out, the plaintiffs said. "Consumers must manage their privacy settings for each Google product they use; a universal opt-out function is not available," the complaint said.
"We have no comment at this time on these lawsuits," said Google spokesman Chris Gaither. "We have not yet been served with them."
The plaintiffs also asked for an universal opt out facility from sharing information across Google' services, according to a copy of the complaint with the Los Angeles Times.