The U.S. Court of Appeals for the Ninth Circuit has overturned a district court’s summary judgment in favor of Google in a national data privacy class action alleging that it illegally culled user data via its web browser, Google Chrome.

The opinion, filed Tuesday by Judge Milan D. Smith Jr., held that the California Northern District Court failed to apply the correct standard by not evaluating the transparency of Google’s data privacy disclosures and plaintiffs’ ability to consent to data collection through the prism of a “reasonable user.”