Google has been hit with a $5 billion class action lawsuit for allegedly tracking people using its Chrome browser in incognito mode.

According to the civil complaint filed yesterday (June 2) in the San Jose Division of the U.S. District Court for Northern California, Google uses Google Analytics, which is widely used on websites and Google-operated website ads, even when incognito mode is enabled on Chrome, It claims that it monitors user behavior through its smartphone apps.

The complaint, filed on behalf of plaintiffs Chathom Brown, Maria Nguyen, and William Byatt, alleges that Google "cannot continue to secretly and illegally collect data from virtually every American with a computer or cell phone," Reuters reported.

The lawsuit seeks $5,000 for every potentially affected user. The plaintiffs allege that Google violated California privacy laws and federal wiretapping laws.

According to the New York Times, Google claims that it has knowingly deceived customers who use incognito mode, but that may be an exaggeration.

The screen that appears when a tab in incognito mode is opened clearly states that "the websites you visit may see your activity." Chrome, however, does not "... . does not store cookies or site data," it also states.

Google spokesman Jose Castaneda told Reuters that "websites may be able to collect information about your browsing activity, as we specify every time you open a new incognito tab."

The company also states that it "does not store cookies or site data.

However, the plaintiffs are represented by Boies Schiller & Flexner, a powerful law firm founded by politically influential attorney David Boies, who has indicated that they believe they have a solid case.

Boies Schiller has handled Microsoft and California's ban on same-sex marriage, and is also representing disgraced film producer Harvey Weinstein and the alleged fraudulent blood testing company Theranos.

The case is Brown et al v Google LLC et al, Case No. 20-03664 in the U.S. District Court for Northern California.