Google Assistant Class Action Says Device Secretly Records Users

A class action lawsuit accuses Google of violating the Illinois Biometric Information Privacy Act by collecting audio data via their Google Assistant devices and devices enabled with the technology.

The Google biometric privacy class action lawsuit was filed by Nyltza Morales, Ritu Kathpalia, and a minor referred to a DZK. 

Reportedly, biometric information can include a range of things from voice recordings to fingerprints.

According to the Google Assistant users, Google published a blog post on July 11 that described the company’s practice of allowing customers to use audio samples from Google Assistant users to analyze language.

The customers claim that not only does Google fail to inform Google Assistant users that their data is being collected, but they fail to obtain written releases for consent from the users for data to be collected, as required by Illinois law.

The Google class action lawsuit says that Google violates customers’ rights under the guise of improving their Google Assistant products.

The Google class action lawsuit notes that Google Assistant technology is embedded in a range of products including speakers, phones, and “smart” items made by the companies. These products allegedly include TVs, speakers, light switches, thermostats, door locks, and light bulbs.

Allegedly, Google Assistant listens to users’ commands to activate, deactivate, or otherwise engage with a range of products.

The customers claim that though Google Assistant is supposed to be activated with a trigger word, real humans listen to the users, even without someone saying the trigger word that is supposed to activate Google Assistant.

Morales and others claim that their privacy was violated, as was the privacy of many other customers. They seek damages on behalf of themselves and all other Google Assistant users and others whose voices were recorded in a Google Assistant in Illinois.

The customers seek $5,000 for each negligent violation of the Illinois Biometric Information Privacy Act and $1,000 for every negligent violation. They also seek compensation for attorney fees and expenses.

In addition to damages, Morales and others seek for the court to require Google to create a new policy informing users of how it truly uses audio recordings.

This Google class action lawsuit comes on the heels of a number of other biometric privacy class action lawsuits filed in Illinois. Customers have accused a number of companies of violating the law. The law prohibits companies from collecting information about people that can be used to identity them without their consent.

The Google Assistant users are represented by Gerald J. Bekkerman, Marc A. Taxman, Bradley N. Pollock, Sean P. Murray, and Brennan B. Hutson of Taxman Pollock Murray & Bekkerman LL and Michael Aschenbrener, Adam York and Scott Kamber of KamberLaw LLC.

The Google Assistant Biometric Privacy Class Action Lawsuit is Nyltza Morales, et al. v. Google.com Inc., Case No. 2019-CH-8309, in the Circuit Court of Cook County, Illinois.

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