A lawsuit filed by Arizona Attorney General Mark Brnovich in 2019 accuses the company Google of misleading consumers about tracking practices and their ability to stop their whereabouts from being sent to Google. Google has now filed a motion to dismiss.

The lawsuit claims Google has made it "exceedingly hard for [phone] users to understand what is going on with their location information" and is therefore violating the Arizona Consumer Fraud Act.

While Google does not dispute the tracking claims, it says that the consumer fraud act is too narrow of a law to apply in this case. 

Google’s lawyers say the company’s actions of whether or not it tells users about their ability to restrict tracking happens after the purchase. 

Challengers argue the consumer fraud act is sufficient since a previous U.S. Supreme Court opinion said the Act is designed to eliminate unlawful practices in consumer transactions.

However, it remains up to a Maricopa County Superior Court judge to rule on Google’s motion to dismiss.

If it is not granted, it would pave the way for a jury trial.