Google LLC defeated a proposed class action alleging it used its Gemini AI assistant to illegally track the private communications of users of its Gmail, instant messaging, and videoconference programs.

The plaintiffs failed to allege a concrete harm sufficient to establish their standing to sue in federal court, Judge Noël Wise of the US District Court for the Northern District of California said Tuesday.

Wise granted Google’s motion to dismiss, but gave the plaintiffs leave to file an amended complaint.

Thomas Thele and Melo Porter alleged in the lawsuit that Google silently changed the settings for its Gmail, Chat, and Meet applications in October 2025, turning on its AI tool by default and allowing it to collect users’ private data without their knowledge or consent.

Users previously had been given the option of turning the AI program on, it said. Disabling the tool required users to dig into Google’s privacy settings, it said.

The lawsuit brought claims of intrusion upon seclusion; invasion of privacy under the California Constitution; and violations of the Stored Communications Act, the California Invasion of Privacy Act, and the California Computer Data Access and Fraud Act.

The core of the plaintiffs’ claims was that Google intruded into their private affairs, but Wise said they failed to allege their theory of harm with enough specificity.

They didn’t allege when they signed up for Google’s services, why they chose Oct. 10, 2025, as the start date for their claims, whether the Gemini features were enabled when they created their accounts, or whether they had since disabled the features, he said.

They also failed to identify the personal data that Google accessed or used, or show that they were at risk of future harm.

“Plaintiffs have so far only alleged that Gemini could be used to track their data,” he said. “This is insufficient to allege an injury in fact.”

Adhoot & Wolfson PC represents the plaintiffs and the proposed class. King & Spalding LLP represents Google.

The case is Thele v. Google LLC, N.D. Cal., No. 5:25-cv-09704, 7/7/26.