Domino’s class action alleges company captures, stores customer voiceprints during ordering

Domino’s class action overview: 

• Who: Four plaintiffs filed a class action lawsuit against Domino’s Pizza and ConverseNow Technologies. 
• Why: The plaintiffs accuse Domino’s of recording voiceprints of customers calling in pizza orders, a violation of Illinois’ Biometric Information Privacy Act.
• Where: The Domino’s class action was filed in federal court in Illinois.

A new Domino’s class action lawsuit claims the company recorded and kept voiceprints of customers who called in pizza orders in violation of an Illinois biometric privacy law.

Domino’s uses artificial intelligence (AI) technology called ConverseNow to interact with callers, the lawsuit claims. Recording and retaining a voiceprint without consent is a violation of Illinois’ Biometric Information Privacy Act (BIPA).

Furthermore, Domino’s and ConverseNow do not have publicly available retention or destruction schedules of Domino’s voiceprints, the lawsuit says.

BIPA requires businesses to inform customers of what biometric identifiers they collect, the purpose of the collection, and the length of time they will store the information. The law also requires businesses to receive written consent to collect the identifiers.

Domino’s class action: Company began using ConverseNow voice AI for Domino’s ordering in 2020

BIPA allows individuals to collect $1,000 for negligent violations and $5,000 for intentional or reckless violations of the retention law.

Domino’s began using AI software called DOM for accepting orders in 2014; AI began taking Domino’s orders in 2018.

Domino’s switched to using ConverseNow’s voice AI for Domino’s ordering in 2020, saying it can take a limitless number of orders at the same time.

“ConverseNow boasts that its voice AI technology is helping restaurants to achieve 31% same-store sales growth and a 17% average increase in tickets (due to upsell), and is providing up to 71 hours of additional labor per store each month,’ the Domino’s class action says.

A 2022 class action lawsuit alleged Domino’s Pizza took an unlawful tip credit from the wages of its delivery drivers and failed to adequately reimburse them for delivery-related expenses.

Have you encountered AI when calling in a Domino’s pizza order? Let us know in the comments.

The plaintiff is represented by J. Ryan Lopatka, Kim E. Miller, Lewis S. Kahn and Melissa H. Harris of Kahn Swick and Foti LLC, along with Don Bivens and Teresita Mercado of Don Bivens PLLC. 

The Domino’s ordering voiceprints class action lawsuit is Garcia, et al. v. Domino”s Pizza Inc., et al., Case No. 1:24-cv-02090, in the U.S. District Court for the Northern District of Illinois Eastern Division.

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