As Google was facing trial in a $5‑billion class action over allegations regarding its improper collection of data while users browsed in private “Incognito” mode, a preliminary settlement was reached on December 28, 2023. Google was defending another lawsuit challenging its data collection practices at the time of the settlement. That case has since been sent back to the district court – after the United States Court of Appeals for the Ninth Circuit ruled in favor of plaintiffs, reversing a summary judgment in favor of Google – to evaluate whether a “reasonable” user of the Google Chrome browser should be presumed to have consented to certain allegedly misleading and convoluted privacy policies. With insights from partners at Carter Ledyard & Milburn, Ballard Spahr and Collyer Bristow, this article examined the novel wiretap allegations in the cases and offered practical lessons on how to approach privacy policies to mitigate the risk of similar claims.