Gemini AI Turned On Without Consent, Google Users Claim in Privacy Class Action

Case Overview: The lawsuit claims Google enabled Gemini AI to analyze users’ Gmail, chats, and Meet data without consent, violating privacy laws.

Consumers Affected: Gmail, Chat, and Meet users whose communications were allegedly scanned.

Court: U.S. District Court for the Northern District of California

Google quietly activated its Gemini artificial intelligence technology across Gmail, Chat, and Meet, allegedly allowing the system to scan, analyze, and store users’ private communications without their knowledge or consent, a new lawsuit claims.

According to the complaint, Google flipped the switch on a setting previously marketed as an optional “Smart features” tool and began using Gemini to monitor the contents of emails, attachments, messages, and video conversations by default.

The lawsuit says this shift didn’t come with notice, leaving millions of users assuming their inboxes and conversations were protected unless they intentionally opted in to AI tools.

Instead, Gemini was silently turned on, and users now must locate the feature in their settings and manually disable it to stop the tracking.

Plaintiff Says Google Activated Gemini Without Warning or Approval

The case was filed by Thomas Thele, a longtime user of Gmail, Chat, and Meet, who says he reasonably believed his password-protected accounts were shielded from unauthorized monitoring.

His complaint states that Google activated Gemini on his account in October 2025 without alerting him, enabling the AI system to comb through years of emails and messages.

Thele says he routinely used Google’s services to communicate about everyday personal matters, finances, work, medical information, religious activities, political involvement, and family life, unaware this material was allegedly being captured and analyzed.

He further argues that even continued use of these services could expose him to new privacy risks if Google alters settings again without warning.

Complaint Claims AI System Scanned Private Messages and Conversations

The lawsuit highlights the sheer scale of Gmail and Google’s communication tools, used by billions of people worldwide and well over 100 million people in the U.S. 

It cites Google’s long-standing representations that users can control how much data the company collects, including statements indicating that AI-powered features require affirmative consent.

The complaint maintains that secretly activating Gemini undermined those expectations, particularly because the setting still appears to function as an “opt-in” toggle despite being switched on automatically.

By combining information drawn from private messages with existing user profiles, the suit contends that Google can derive deeper insights into people’s relationships, habits, and activities, raising concerns about security risks and future breaches.

Tech Companies Face Increasing Scrutiny Over Hidden Data Collection

It’s not the only legal action Google has faced over data privacy. In one recent settlement, Google and Flo Health agreed to pay a combined $56 million to resolve claims that Flo’s reproductive-health app shared sensitive data without clear permission. 

In another case, a federal jury awarded hundreds of millions of dollars to users who said their activity was tracked even after opting out. Google also paid $100 million over issues involving its advertising platform and more than $314 million in a case related to Android data collection.

Elsewhere in the tech industry, privacy lawsuits continue to emerge. Otter.ai was recently accused of using its automated meeting assistant to secretly record and analyze conversations to train its AI models, allegedly violating wiretap laws.

Thele hopes to represent all Google account holders in the U.S. whose Gmail, Chat, or Meet communications were allegedly scanned by Gemini after the “Smart features” setting was activated automatically. 

He is asking the court to formally find that Google broke privacy laws, to order the company to stop the alleged practices, and to require Google to compensate users for harm. The lawsuit also seeks additional financial penalties against the company and payment of the plaintiffs’ legal costs.

Case Details

• Lawsuit: Thele v. Google LLC
• Case Number: 5:25-cv-09704
• Court: U.S. District Court for the Northern District of California

Plaintiffs' Attorneys

• Tina Wolfson, Robert Ahdoot, Theodore W. Maya, Alyssa D. Brown, and Bradley K. King (Ahdoot & Wolfson, PC)

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