> If you open an incognito tab you are greeted with this text: "You’ve gone Incognito Others who use this device won’t see your activity, so you can browse more privately. This won't change how data is collected by websites you visit and the services they use, including Google. Downloads, bookmarks and reading list items will be saved. Learn more"

They edited that because of the lawsuit.

Before the lawsuit what it said was:

"Now you can browse privately, and other people who use this device won’t see your activity. However, downloads, bookmarks and reading list items will be saved. Learn more"

I think it's understandable that someone would take "you can browse privately" to mean "We aren't tracking what you do"

That's why I tend to agree. IANAL and while this seems pretty simple for me to understand, I'm not certain that laypeople wouldn't also expect full anonymity based on some other aspect of the service and I'm not sure if this has been stated so succinctly since back in 2016. I think there's an argument to be made and if so, the case shouldn't been just tossed out without allowing them to make it

The fact that they had to add that disclaimer indicates that people were mislead by the more obvious interpretation of the word “incognito.”