Wingstop class action alleges company captured, stored customer voiceprints from phone orders

Wingstop class action overview: 

• Who: Plaintiff Myankhai Batchuluun filed a class action lawsuit against Wingstop and ConverseNow. 
• Why: The lawsuit claims Wingstop used ConverseNow artificial intelligence to record customers’ voices during phone orders without permission, a violation of Illinois’ Biometric Information Privacy Act (BIPA).
• Where: The Wingstop voiceprints class action was filed in federal court in Illinois.

A new Wingstop class action lawsuit claims the eatery chain used ConverseNow artificial intelligence (AI) to record caller voiceprints from Wingstop phone orders without the callers’ permission in violation of an Illinois biometric privacy law.

Illinois’ Biometric Information Privacy Act (BIPA) requires businesses to inform customers of what biometric identifiers are collected, 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.

Wingstop and ConverseNow do not have publicly available retention or destruction schedules of Wingstop voiceprints, the lawsuit says. 

“Unbeknownst to Illinois customers, through the use of ConverseNow’s voice AI technology, Defendants are collecting, capturing, otherwise obtaining, using, and/or storing customers’ voiceprints, biometric identifiers, and/or biometric information in order to understand, analyze, interpret, and/or use their speech signals; to help improve the accuracy and effectiveness of ConverseNow’s voice AI technology,” the Wingstop phone orders lawsuit says.

Software can take unlimited Wingstop phone orders simultaneously

At leas 60 Wingstops in Illinois are using ConverseNow. The software company claims the AI technology helps stores experience 31% sales growth with 17% more ticketed orders and a savings of 71 work hours per store per month.

The company says ConverseNow can answer limitless calls at the same time and prevents customers from receiving a busy signal when multiple orders are called in at the same time.

BIPA mandates that violators pay $1,000 per negligent violation and $5,000 for intentional or reckless violations of the law, along with attorneys’ fees, litigation expenses and injunctive relief.

A recent Domino’s class action lawsuit claims the company also used ConverseNow and both recorded and kept voiceprints of customers who called in pizza orders, violating BIPA.

Have you ever placed a phone order with Wingstop and its AI service? Let us know in the comments.

The plaintiff is represented by Scott J. Ferrell of Pacific Trial Attorneys APC.

The Wingstop class action lawsuit is Batchuluun v. Wingstop Inc., et al., Case No. 1:24-cv-02302, in the U.S. District Court for the Northern District of Illinois Eastern Division.

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