On 19 May 2022, Attorney General Paxton of Texas filed an amended petition in a public lawsuit against Google. The amendment incorporated allegations that Google's Incognito mode constitutes a deceptive trade practice. The lawsuit originally alleged that Google tracked users' personal location without their consent, even after tracking features were disabled, in violation of the Texas Deceptive Trade Practices Act. The amended petition now additionally alleges that Google's representations regarding Incognito mode, implying it prevents the recording of internet search and activity history, are also misleading. The State of Texas asserts that Google continued to collect and monetise location and other personal information despite user choices.
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