UK’s High Court of Justice on Monday blocked a lawsuit against Google over claims it collected personal data from iPhone users.

The suit claimed that Google had secretly tracked “the internet activity of Apple iPhone users,” and had sold the data that it had collected. Google was allegedly able to do this through a method called “the Safari Workaround.”

The named claimant in the case sued “not only on his own behalf, but also in a representative capacity of behalf of a class of other residents of England and Wales” who also claimed to have been affected by the Safari Workaround. It was estimated that about 4.4 million people were a part of this class. The claim asked for a standard “award for each member of the Class, to reflect the infringement of the right, the commission of the wrong, and loss of control over personal data.”

The judge ruled that the claimants had failed to prove that they had suffered damages under the Data Protection Act, and that the members of the class do not all have the same interest. The judge also noted that “it is impossible reliably to ascertain the members of the represented Class.”

Google You Owe Us, the consumer activist group that filed the case, said they are seeking permission to appeal.