A judge ruled Friday that Google has to face a class action lawsuit. The search giant claims it secretly collects data from users even when they’re using its private’incognito’ mode.

Three users filed a complaint last June claiming Google has a’pervasive data tracking business’. The lawsuit seeks at least $ 5 billion.

Us district judge Lucy Koh ruled that Google did not inform users that Google engages in the alleged data collection while the user is in private browsing mode.

Chrome’s incognito mode gives users the choice to browse the Internet without activity being saved to their browser or devices.

Google said earlier this year it was phasing out third-party tracking cookies. It does n’t plan to replace the cookies with something that may be as invasive.