The lawsuit also claims that Google violated the California Invasion of Privacy Act and California's constitutional right to privacy by tracking the location of users that disabled Location History on their device.
Google is facing a lawsuit for its collection of location data even when users turned off location services.
Google did not immediately respond on Monday to requests for comment. The new description does make the search giant's location data practices more transparent, but it does nothing to simplify or change internal policies.
As a result of the previously unknown practice, which was first exposed by the Associated Press last week, Google has now been sued by a man in San Diego.
The lawsuit alleged that Google intentionally misled users to believe they wouldn't be tracked at all by setting the feature to "Off".
The lawsuit argues that that Google had violated federal law outlined by the Federal Trade Commission as a "deceptive trade practice" by tracking each users' location after they attempted to block the feature by turning Location History off.
"Specifically, in that settlement Google previously agreed it would not misrepresent anything related to: "(1) the purposes for which it collects and uses covered information, and (2) the extent to which consumers may exercise control over the collection, use, or disclosure of covered information".
"Google represented that a user 'can turn off Location History at any time". "'With Location History off, the places you go are no longer stored.' This simply was not true".
Previous wording stated: "With Location History off, the places you go are no longer stored".
Here's the old language on the Location History help page.
The FTC has not formulated a formal response to EPIC's letter.