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Data Breach — MDL No. 2358

Google Inc. Cookie Placement Consumer Privacy

U.S. District Court for the District of Delaware

The Google Inc. Cookie Placement Consumer Privacy litigation was centralized in the District of Delaware in June 2012, consolidating claims that Google used tracking cookies to monitor user browsing activity across the web despite privacy settings in certain browsers designed to block such tracking, without adequate user consent. Now well over a decade old, the docket still carries 26 pending actions — a notable durability for a privacy-focused MDL of this vintage.

What has kept this docket active for so long is less about an unresolved core liability question and more about the layered structure that consumer-privacy litigation involving a major technology platform tends to develop: overlapping state and federal claims, evolving legal theories as privacy law itself has developed since 2012, and periodic new filings as awareness of the underlying tracking practices persists. The central legal and factual questions about the tracking conduct itself have been extensively tested through more than a decade of motion practice, narrowing the open questions for what remains.

This docket is a useful long-duration reference point for anyone assessing resolution timelines in technology-sector consumer-privacy MDLs: even a docket whose core conduct allegations are well-established can remain technically active for well over a decade as it works through individual claim administration and residual filings. Criterica Intelligence's platform tracks this kind of long-tail duration pattern — distinguishing an unresolved liability question from a mature docket working through residual claims — across every active MDL, providing calibrated, qualitative context on resolution paths for regulated outcomes across the litigation landscape. A companion capital brief on this docket is available through Criterica Capital.

Frequently Asked Questions
What conduct is at issue in this MDL?

Claims that Google used tracking cookies to monitor user browsing activity across the web despite browser privacy settings designed to block such tracking, without adequate user consent.

Why does this docket still have pending actions after more than a decade?

Consumer-privacy litigation involving a major technology platform can generate a long tail of overlapping state and federal claims and residual filings even after the core conduct allegations have been extensively litigated.

Does the docket's age indicate unresolved liability risk?

Less than it might suggest at first glance — the central legal and factual questions about the tracking conduct have been tested extensively over more than a decade, narrowing what remains open for the current pending actions.

What can newer privacy MDLs learn from this docket's duration?

It shows that consumer-privacy litigation against a major platform can remain technically active for well over a decade through residual claim administration, a duration pattern Criterica Intelligence tracks across comparable technology-sector dockets.

Statistics shown reflect historical or illustrative model outputs derived from real case data. They are not predictions or guarantees of any individual outcome. Litigation results depend on facts, jurisdiction, judge, and counsel, and vary case by case. Model accuracy is subject to selection effects and changing legal dynamics.

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