Judge certifies class in lawsuit claiming Google Assistant records conversations

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Update:

• A federal judge in California certified one out of three proposed classes in a class action lawsuit lodged against Google over claims it used its Google Assistant to record conversations without consent or authorization. 
• U.S. District Judge Beth Labson Freeman certified a proposed class of individuals who bought a Google-made device but declined to certify two other classes after finding the consumers failed to present a qualifying representative for them.
• In addition to allegedly recording the conversations, the consumers argue Google also shared the recorded audio with third parties.
• The consumers first filed the complaint against Google and its parent company, Alphabet, in 2019, with the consumers moving for class certification in July 2022. 

Google illegal recording class action lawsuit overview: 

• Who: A judge trimmed two claims off a class action lawsuit filed against Google by its users.
• Why: Plaintiffs claim Google illegally recorded conversations using Google Assistant-enabled devices.
• Where: The class action lawsuit was filed in California federal court.

(Jan. 17, 2022)

A federal judge in California on Tuesday dismissed claims Google violated a California consumer protection law and committed fraud by recording the conversations of its users with its Google Assistant-enabled devices (GAEDs). 

Plaintiffs filed a class action lawsuit against the company in July 2019, arguing it illegally recorded their conversations using voice-activated software built into its Google Home and Pixel smartphones, among other devices. 

The judge overseeing the case agreed with Google, however, in determining that the plaintiffs had failed to show the company was seeking to defraud consumers by recording their conversations. 

Plaintiffs also argued the company conceals from consumers that its devices can start recording conversations without being prompted by pressing a button or saying a specific command, as the company has allegedly publicly disclosed. 

The judge ruled, however, that the plaintiffs did not adequately show Google was able to reconfigure its devices to seek out sounds other than the disclosed voice commands. 

“Most of the alleged misrepresentations plaintiffs identify merely show that Google disclosed that GAEDs could be activated by voice or a button press among other forms of activation,” the judge wrote. 

Judge determins Google discloses it updates software, adds new voice-activation features

Further, the judge determined that the company does disclose to consumers that it has the ability to automatically update its software, which could involve adding new voice-activation features. 

The plaintiffs are seeking to represent consumers who used GAEDs since May 18, 2016, Law360 reports. 

The complaints came following an investigation by a Belgian news outlet which revealed that a number of conversations had been recorded by GAEDs after they were triggered by a false command. 

A separate class action lawsuit targeting Google was dismissed this month after a judge rejected parents’ claims the company illegally enticed minors to gamble by hosting games with loot boxes on its Play Store.

Has a GAED recorded a private conversation without your knowledge? Let us know in the comments. 

The plaintiffs are represented by Mark N. Todzo of Lexington Law Group; Andrea Farah and Christian Levis of Lowey Dannenberg PC; Erin Green Comite and John T. Jasnoch of Scott + Scott Attorneys at Law LLP; and Hayley Reynolds of Gutride Safier LLP.

The GAEDs illegal recording class action lawsuit is In re: Google Assistant Privacy Litigation, Case No. 5:19-cv-04286, in the U.S. District Court for the Northern District of California

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