A different judge in the same federal court in California denied class certification to plaintiffs suing Google for violating the federal Wiretap Act, as well some state wiretap laws.  The plaintiffs, users of Gmail and also non-users who communicate with Gmail users, allege that Google violated these laws by scanning their emails to serve targeted ads and to develop user profiles.  In In re:  Google Inc. Gmail Litigation, the court held that the case raises issues that require “intensely individualized” inquiries – namely, whether email users had expressly or impliedly consented to Google’s interception of their communications.  By denying them class certification, the court has made litigating the case much more difficult and costly for plaintiffs, and consequently limited their negotiating power.  This is a major turnabout from September, when the same judge denied Google’s motion to dismiss.