Google has agreed to resolve a lawsuit in the United States alleging privacy invasion, asserting that it tracked users even during their "private mode" browsing.

The class action, seeking a minimum of $5 billion from Alphabet, Google's parent company, drew attention to the practices of major tech companies, which have come under increased scrutiny in the US and globally.

Legal representatives for Google and its users did not immediately respond to requests for comment from the BBC.

US District Judge Yvonne Gonzalez Rogers, presiding over the case in California, put the scheduled trial on hold after lawyers indicated they had reached a preliminary settlement. Earlier this year, Judge Rogers had dismissed Google's attempt to have the case thrown out, stating that she could not agree that users had consented to the collection of their browsing information by Google.

The terms of the settlement were not disclosed, but a formal settlement is anticipated to be presented for court approval by February 2024.

The class action, initiated by the law firm Boies Schiller Flexner in 2020, alleged that Google tracked users' activities even when they activated the "Incognito" mode on Google Chrome and other browsers' "private mode."

It said this had turned Google into an "unaccountable trove of information" on user preferences and "potentially embarrassing things".

It added that Google could not "continue to engage in the covert and unauthorized data collection from virtually every American with a computer or phone".

Google said it had been upfront about the data it collected when users viewed in private mode, even if many users assumed otherwise.

The search engine said the collection of search history, even in private viewing mode, helped site owners "better evaluate the performance of their content, products, marketing, and more".

Incognito mode within Google's Chrome browser gives users the choice to search the internet without their activity being saved to the browser or device. However, the websites visited can use tools such as Google Analytics to track usage.

Google faces other lawsuits challenging its search and digital advertising practices.

Earlier this month, the technology giant said it would pay $700m to settle a lawsuit brought by a group of US states that accused Google of quashing competition to its Play Store on Android devices.

This came days after it lost a US court battle to Fortnite maker Epic Games. The video game company sued Google in 2020 for unlawfully making its app store dominant over rivals.

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