Google is staring down the barrel of a $5 billion lawsuit over claims that the tech firm collected user data even when Incognito Mode was used.

Axar.az reports citing foreign media that a complaint has been filed at the federal court in San Jose, California citing the tracking of users even when the supposed private browsing mode is used. As many of you will be aware, Google gathers data via Google Analytics, Google Ad Manager, and various other applications and services regardless of whether Google-served ads are interacted with or, indeed, clicked.

The original lawsuit filing claims that even if Incognito Mode (or private mode) is used, sensitive data, shopping habits, and more personal information is learned about the user. Google “cannot continue to engage in the covert and unauthorized data collection from virtually every American with a computer or phone,” the complaint said.