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Judge Approves $68M Google Assistant Privacy Settlement, Trims Lawyer's $3,000/Hour Rate

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Why it matters

U.S. District Judge Beth Labson Freeman in San Jose approved the $68 million settlement of the Google Assistant privacy case on October 13, 2026. The suit, In re Google Assistant Privacy Litigation (No. 5:19-cv-04286-BLF), alleges that Google Assistant recorded and shared conversations after accidental activations, and that the data was used for targeted advertising. Google denied wrongdoing and settled to avoid the cost and risk of litigation. The class covers people who used the products between May 2016 and March 2026. Freeman also approved about $22.67 million in attorneys' fees, one-third of the fund, and about $1.02 million in expenses. She called the proposed $3,000 hourly rate for David Scott of Scott+Scott "patently unreasonable," cut it to $1,600 for the fee calculation, and still approved the one-third fee as reasonable against market rates. She praised counsel's work and said they achieved an "excellent" settlement.

Several points remain open. The claim deadline passed on August 27, 2026, and no payment date had been announced as of October 16. Device purchasers could receive roughly $18 to $56 per device, with the final amount depending on participation. One report, from texasunfold.com, says the court cut named plaintiffs' service awards from $10,000 to $5,000 each. That figure has not been matched by other coverage in the record reviewed here. Reuters identifies a second firm lawyer, whose $1,960 hourly rate was also reduced, as Daryl Scott. Other outlets name David Scott. Until that is resolved, attribution of the second rate reduction should be treated as unconfirmed.

The ruling matters for fee practice. Freeman's order states that "the court is cognizant that rates increase year to year. But not to $3,000 an hour," which gives counsel a clear marker for how this court will review billing rates. The same court is also weighing a separate Google fee dispute: a California federal judge rejected an $85 million fee request in a $700 million consumer case that was reported the same week. For the earlier Apple settlement, which reached a similar $95 million in December 2024, the benchmark is now useful for comparison. Class counsel working on contingency should note that their fees depend on both approval and the reasonableness of their billing.

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