Users of Google Home Devices Allege Gadgets Record Conversations Without Permission

A class action lawsuit filed in California last week accuses Google of configuring its Google Home devices to record conversations and other audio throughout users’ homes without permission.

Lead plaintiff Edward Brekhus says he took advantage of a promotion in October 2019 that offered paid Spotify subscribers a “free” Google Home Mini.

Brekhus says he had been familiar with the device and Google Home commands such as “OK Google” or “Hey Google” before receiving the offer from Spotify.

Brekhus also claimed to have seen on Google’s website that the device did not transmit recordings to Google without use of the activation phrases, and to have seen Spotify’s representations that the device would be activated when a user said an activation phrase.

Based on this information, he ordered the Google Home device being offered by the promotion, the Google class action lawsuit says. 

Brekhus set up the device in his home next to his bed, but now says he would never have done so had he known Google’s claims were false.

The plaintiff alleges that he did not realize at any point before Aug. 6, 2020, that Google Home devices were configured to record audio even when an activation phrase had not been used, nor did he realize that audio was being sent back to Google.

Brekhus claims that had he known, he would have stopped using the device or would have tried to prevent it from hearing some audio, either by unplugging it or muting it. 

A second named plaintiff, Jon Hernandez, says he purchased a Google Home Mini on Dec. 11, 2018, at a Best Buy in Long Beach, Calif.

Hernandez reported a similar experience to Brekhaus’ with his Google Home device.

Google’s voice-activated devices enable consumers to access information on a wide range of topics, such as weather, traffic and news, according to the class action lawsuit. Users can also play music through Google Home devices and control other smart devices in their home, such as security systems and thermostats.

According to the Google class action lawsuit, Google has consistently told consumers it does not record or process their conversations captured by Google Home devices’ sensitive microphone unless Google Home commands are used. 

This gave consumers the impression their conversations and other audio from their home would not be recorded or sent to Google without their authorization, the class action lawsuit contends.

In late July, reports surfaced that Google was sending users alerts “about information that could have been obtained only by their Google Home devices surreptitiously recording audio without their consent,” the class action lawsuit says. 

Following these reports, Google allegedly admitted to online publication Protocol that Google Home devices listen to users and transmit that data to Google even without use of any Google Home commands, according to the complaint. Google claimed the issue was due to an accident that “occurred through a software update” that was later rolled back.. 

The tech company did not, however, inform users that Google Home devices had been surreptitiously recording audio in their homes and sending the data to Google, nor did the company state when the recordings started occurring or what Google had done with the audio, the plaintiffs allege.

A similar class action lawsuit has been filed in California. 

In that case, the plaintiffs argue the Google Assistant feature on smartphones records conversations even when not in use.

The plaintiffs in the Google Home device class action lawsuit allege invasion of privacy; false advertising; fraud, deceit or misrepresentation; unlawful and fraudulent trade practices; breach of contract; intrusion upon seclusion; and violations of the California Invasion of Privacy Act, the Consumer Legal Remedies Act, the California Consumer Privacy Act and the Federal Wiretap Act.

The proposed Class includes anyone in the U.S. who installed Google Home devices in the four years prior to the filing of the Google Home devices class action lawsuit, with a proposed California subclass comprising California residents.

The plaintiffs seek compensatory damages, including statutory damages, for the plaintiffs and putative Class Members for all damages sustained as a result of the defendants’ alleged wrongdoing; pre- and post-judgment interest; an order for full restitution; disgorgement of wrongfully obtained revenue and profits; an order stopping the defendants’ alleged unlawful and fraudulent business practices; reasonable attorneys’ fees and court costs; and any other relief deemed appropriate by the Court. 

The plaintiffs also demand a jury trial.

Do you have a Google Home device? Are you concerned about what it may be recording? Tell us why in the comments.

The plaintiffs are represented by Seth A. Safier and Hayley A. Reynolds of Gutride Safier LLP.

The Google Home Devices Class Action Lawsuit is Edward Brekhus, et al. v. Google LLC, et al., Case No. 5:20-cv-05488, in the U.S. District Court for the Northern District of California, San Jose Division.

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