Why a $425 Million Verdict Proves It’s Time to Go Beyond ‘Incognito’

In a significant blow to Big Tech, a federal jury in San Francisco delivered a clear message about user privacy on September 3, 2025, ordering Google to pay about $425 million. The verdict came in a class-action lawsuit filed in July 2020 on behalf of nearly 100 million people who believed they had opted out of Google’s data collection.

The case centered on a Google account setting called “Web & App Activity.” The plaintiffs said users were led to believe that by turning it off, they would stop Google from collecting their data. The lawsuit alleged that even with the setting off, the company kept collecting, saving and using data from millions of users’ mobile devices through other companies’ apps that use Google’s analytics and advertising tools.

The jury found Google liable on two of the three privacy claims but did not award punitive damages, and the total was far below the more than $31 billion the plaintiffs had originally sought. Google said the verdict “misunderstands how our products work” and has appealed.

This isn’t an isolated case for the search giant. The verdict is the latest in a series of privacy battles for Google, including a 2024 settlement in which it agreed to destroy billions of records that a separate lawsuit said were collected from people using Chrome’s own “Incognito” mode. This pattern highlights a persistent problem: the gap between what users expect and how their data is actually handled.

The very word “Incognito” has come to represent a common misconception about online privacy. Many people believe that turning on a browser’s incognito mode makes them completely anonymous online. In reality, while it keeps your browsing history, cookies and temporary site data from being saved on your device, it does little to protect you from the outside world. Your internet service provider (ISP) can still see which sites you visit, websites can still see your IP address, and your employer or school network can still monitor your traffic.

This is why it pays to know exactly what each privacy tool does and doesn’t do. For Android users who want a browser that doesn’t keep their history, without having to remember to open a private tab, there are options: while many browsers offer a private mode, few run in private mode all the time.

This is where the Incognito Browser app comes in. It is a free private browser for Android, made by us, that runs in private mode all the time. It wipes history, cookies and sessions when you exit the app and keeps no browsing history or cache on your device. Downloaded files are kept. It also has a built-in ad blocker, and “Agent Cloaking,” which masks the browser and device that websites see. You can also choose your search engine. Just as important is what it doesn’t do: it is not a VPN, so websites can still see your IP address and your ISP can still see which sites you visit, and it doesn’t make you anonymous.

The $425 million verdict against Google is a powerful reminder that relying on the privacy promises of large tech companies can be a risky gamble. No single app makes you invisible online. But by understanding what each tool protects, such as a private browser for what stays on your phone and a VPN for your IP address, you can take back some control over your data.

$425 Million Verdict