By Dan Levine
| SAN FRANCISCO
SAN FRANCISCO A federal.
U.S. District Judge Lucy Koh in San Jose, California ruled that the proposed class action lawsuit against Google can proceed. She rejected Google's argument that its customers had consented to obtaining their e mail study for the purposes of targeted marketing.
"We're disappointed in traffic website for free this decision and are contemplating our choices," Google spokesman Matt Kallman said in an electronic mail.
Litigation brought by nine plaintiffs, some Gmail users, some not, was consolidated ahead of Koh earlier this 12 months. The plaintiffs maintain Google violated several laws, like federal anti-wiretapping statutes by systematically crossing the "creepy line" to read through personal electronic mail messages in purchase to revenue, in accordance to court paperwork.
Google moved to dismiss the lawsuit, arguing in portion that the plaintiffs had consented to the scanning when they agreed to Google's terms of services.
"Practically nothing in the policies suggests that Google intercepts electronic mail communication in transit among end users, and in reality, the policies obscure Google's intent to engage in this kind of interceptions," the judge wrote.
Koh did dismiss two claims brought by the plaintiffs but gave them an chance to refile them with further details.
The case in U.S. District Court, Northern District of California is In Re: Google Inc. Gmail Litigation, 13-md-2430.
(Reporting by Dan Levine Editing by Leslie Gevirtz)