Google hit with lawsuit for turning on Gemini AI without consent to read communications
A new class action lawsuit alleges that Google secretly activated its Gemini artificial intelligence program across all users’ Gmail, Chat, and Meet accounts, allowing the AI to monitor private communications without users’ knowledge or consent.
The lawsuit was filed on Nov. 11 in California federal court by plaintiff Thomas Thele, who claims Google violated both state and federal privacy laws.
According to the complaint, Google enabled Gemini AI on Oct. 10, 2025, for all users of its services. Thele asserts that the AI now tracks private communications by default, with users needing to opt out if they wish to avoid monitoring. Previously, this feature was optional.
“The actions alleged in this lawsuit violate users’ reasonable expectations of privacy and multiple privacy laws,” the complaint states.
Privacy Concerns Over Default AI Tracking
Gemini AI was originally introduced as an optional “Smart” feature intended to enhance user experience through personalized services, the lawsuit says. Thele argues that Google’s decision to make it active by default raises serious privacy concerns.
The lawsuit claims that the AI accesses users’ entire history of communications, including every email and attachment in Gmail accounts. According to Thele, this undermines users’ right to communicate privately without being monitored.
Legal claims include violations of the California Invasion of Privacy Act, the California Computer Data Access and Fraud Act, the Stored Communications Act, and California’s constitutional right to privacy. The complaint also alleges unlawful intrusion upon seclusion.
Thele seeks to represent all U.S. Google account holders whose Gmail, Chat, or Meet communications were tracked by Gemini AI after the automatic activation of Smart features. He is seeking class certification, damages, legal fees, costs, and a jury trial.
This lawsuit follows recent developments in which Google and YouTube agreed to pay $30 million to settle a long-running class action over allegedly collecting data from children under 13 to target ads without parental consent.
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