"At bottom, the FTC’s decision whether to take action with respect to a potential violation of the consent order is a quintessential enforcement decision that is committed to the agency’s discretion and is not subject to judicial review," U.S. District Court Judge Amy Berman Jackson in the District of Columbia wrote in an order dismissing EPIC's lawsuit.
EPIC argued that Google's new policy violates the settlement by giving advertisers the ability to deduce more information about particular users. The group asked for a court order directing the FTC to take action against the search giant.
The privacy organization also criticized Google for not telling users about all the ways they could prevent the company from aggregating data about them.
"Google’s email does not indicate that consumers may exercise control over their personal information at all, much less that they may either avoid signing in to their user accounts or create separate user accounts for separate Google services," EPIC argued in its complaint.
Google has said the new policy "will make our privacy practices easier to understand," and "reflects our desire to create a seamless experience for our signed-in users."