Applebees, Chipotle, other restaurants face class action alleging automated voice ordering technology data privacy violations

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Restaurant data privacy class action lawsuit overview: 

• Who: A group of restaurant customers have filed a class action lawsuit against a number of food establishments, including Applebees, Chipotle, Blaze Pizza and Red Lobster, among others. 
• Why: Customers claim the restaurants violated biometric privacy law by allegedly using automated voice ordering technology to collect and store their voiceprints without their consent.
• Where: The class action lawsuit was filed in Cook County Circuit Court. 

Applebees, Chipotle and Red Lobster are among a number of restaurant chains accused of violating biometric privacy law by allegedly using automated voice ordering technology which captures consumers’ voiceprints without their consent. 

A group of customers are claiming that the restaurants are in violation of the Illinois Biometric Information Privacy Act (BIPA) by allegedly collecting and storing their biometric identifiers without obtaining prior informed written consent. 

The customers argue the restaurants—which also include Blaze Pizza, Noodles & Co., and Portillo’s—and the companies behind the automated voice ordering (AVO) systems failed to disclose they were collecting biometric data or to provide data retention and destruction policies. 

“Defendants never adequately informed any of the Restaurant Defendants’ customers who have interacted with the AVO systems that the AVO systems collect and/or store their voiceprints and biometric information,” states the restaurant data privacy class action. 

Voiceprint data could be used by ‘unscrupulous entities,’ customers argue

The customers want to represent an Illinois Class of consumers who have had their voiceprint or biometric information collected, captured, or stored after using one of the named restaurant’s AVO systems. 

The customers also want to represent subclasses of Illinois residents who have had their voiceprint or biometric information collected, captured, or stored after using the AVO system for each individual named restaurant. 

If a voiceprint were to “fall into the wrong hands,” the customers argue “unscrupulous entities could subvert such individuals’ expectations of personal privacy, grossly violate their respective senses of dignity, and otherwise flout notions of common decency.” 

The customers are demanding a jury trial and requesting injunctive relief along with an award of statutory damages for themselves and all Class Members. 

In February, Red Lobster asked a federal judge to dismiss claims the restaurant chain lied to consumers about its commitment to only source seafood that was produced in a sustainable and environmentally friendly manner.  

Chipotle, meanwhile, agreed to pay $4 million earlier this year to resolve allegations it charged customers hidden delivery fees for orders made through its website or mobile app. 

Have you had your voiceprint collected without your consent after using an AVO system? Let us know in the comments! 

The plaintiffs are represented by Joseph Marchese and Philip Fraietta of Bursor & Fisher PA, and Carl Malmstrom of Wolf Haldenstein Adler Freeman & Herz LLC.

The Restaurant data privacy class action lawsuit is Guy-Powell, et al. v. Applebee’s Restaurants LLC, et al., Case No. 2022CH08365, in Cook County Circuit Court. 

Read About More Class Action Lawsuits & Class Action Settlements:

• ID.me lawsuit claims company violates data storage requirements
• Bloomberg class action alleges company shares subscriber information with Facebook
• Jame Roll Form Products biometric privacy $538K class action settlement
• R.R. Donnelley class action alleges data breach result of company negligence