Google has announced its readiness to settle a class action lawsuit over incognito mode in the Chrome browser, reports Ars Technica.

The lawsuit was filed in 2020 in California. At that time, the company was accused of continuing to “track, collect, and identify [users’] browsing data in real time” even if they used a confidential mode.

At first, Google tried to dismiss the lawsuit, citing a message that appears in incognito mode in Chrome. It warns users that their activity may still be visible to the sites they visit.

In the summer, Judge Yvonne Gonzalez Rogers rejected Google’s motion for summary judgment. She noted that the company had never informed users that data collection was ongoing even in incognito mode.

“Google’s motion hinges on the idea that plaintiffs consented to Google collecting their data while they were browsing in private mode,” Rogers ruled. “Because Google never explicitly told users that it does so, the Court cannot find as a matter of law that users explicitly consented to the at-issue data collection.”

Now Google and the plaintiffs have agreed to terms that will lead to the end of the trial. The agreement will be presented to the court by the end of January, and the court will give its final approval by the end of February.