Google recently urged a California court to dismiss a call recording lawsuit against them, arguing that accidental recording doesn’t violate the law.

According to Google, their Google Assistant-enabled devices do not violate California privacy laws when they accidentally activate and record. Normally, Google Assistant will only activate after the user says “OK, Google” or “Hey, Google.” However, the devices may accidentally activate and subsequently record conversations.

Plaintiffs in the Google class action lawsuit argue that this accidental activation and recording violates California privacy laws which prohibit call recording and wiretapping.

However, Google argues that all-voice enabled technology would accidentally activate at some point. If the plaintiffs are allowed to continue with their claims, Google argues that all similar technologies would be exposed to significant liabilities.

“On plaintiffs’ theory, no voice activated technology could exist in any consumer product without exposing technology companies to extensive criminal and civil liability, as no such technology is perfect,” Google said in their dismissal motion, according to Law360.

The company also notes that recording taken by Google Assistant-enabled devices are used to improve the technology. However, the plaintiffs’ action would allegedly prohibit any improvements and fixes to accidental recordings.

“Plaintiffs cannot, on the one hand, complain that the Assistant does not function perfectly, and, on the other hand, complain about Google’s efforts to improve it,” Google argues.

Recently, Google reportedly announced that they would updating their Android phone apps to include a call recording feature. The service, which will reportedly be launched through Google Voice, has been criticized as potentially exposing users to call recording liability.

The Call Recording Class Action Lawsuit is Asif Kumandan, et al., v. Google LLC, Case No. 5:19-cv-04286, in the U.S. District Court for the Northern District of California.

File a Call Recording Lawsuit

Although the Google recording lawsuit focused heavily on the privacy aspect of recording laws, many call recording lawsuits instead look at the illegal recording of phone calls. California is known as a “two party” call recording state, meaning that all involved parties must consent to a call recording in order for it to be legal.

Companies can comply with call recording laws, including the strict regulations in California, by including a warning message before their calls. These messages may state “your call is being recorded for customer service purposes” or some other disclosure. If consumers stay on the line after these warnings, they are legally considered to have consented to call recording.

However, if businesses fail to include these disclosures, they may be in violation of call recording laws.

Many companies have faced legal action regarding alleged call recording, but attorneys are investigating specific companies for potential violations. Companies under investigation include:

• Dermalogica
• Swarovski
• Foster & Smith
• Mears Transportation Group
• Romano’s Macaroni Grill
• Southwest Rapid Rewards (800-445-5764 only)
• United Airlines Pet Safe (800-575-3335 only)
• Cannondale Bicycle Corporation
• Czech Airlines

If you think that your call was recorded without consent, you may be able to take action in a call recording lawsuit. An experienced attorney can help determine your eligibility and whether or not you can successfully take action against illegal call recording.