In a Wednesday night decision, U.S. Magistrate Judge Paul Grewal in San Jose, California, said the users failed to show that Google transmitted their own personal data or that they would suffer economic harm if it occurred.

Last July, Grewal had let the plaintiffs pursue breach of contract and fraud claims, assuming they showed that the data-sharing caused economic harm by depleting their battery power and bandwidth.

But the judge said the plaintiffs abandoned that argument in their amended complaint filed in February. As a result, he said the plaintiffs lacked standing to sue, having "managed something somewhat unusual: they pled themselves out of a case."
He added: "With no allegation of dissemination or improper receipt of information, any profit or loss made from any alleged disclosure, let alone a potential disclosure, is conjectural."
Google said $15.51 billion, or 90 percent, of its $17.26 billion of first-quarter revenue came from advertising.
Mark Gardy and Joseph Sabella, lawyers for the plaintiffs, did not immediately respond on Thursday to requests for comment.
Google did not immediately respond to a similar request. The Mountain View, California-based company also operates its namesake Internet search engine.