Calhoun and others appealed to the 9th Circuit, drawing attention from external parties such as the Electronic Privacy Information Center.

The organization argued to the 9th Circuit that Google should not have prevailed based on disclosures in its general policies when it also made representations in a Chrome-specific policy.

“When Google makes specific privacy promises to Chrome users, the company should not be allowed to override those promises with blanket disclaimers in its general user agreement,” the group argued.