Home Depot class action alleges retailer allows Google to eavesdrop on customer calls

Home Depot class action overview: 

• Who: Home Depot and Google are facing a class action lawsuit related to customer service calls. 
• Why: Home Depot allegedly allowed a Google artificial intelligence program to access and record calls without customer consent.
• Where: The class action was filed in federal court in California.

A class action lawsuit claims retail giant Home Depot allowed a Google artificial intelligence (AI) program to record Home Depot customer calls without consent.

The Google Cloud Contact Center AI allegedly began accessing Home Depot customer calls in 2021 in violation of the California Invasion of Privacy Act (CIPA).

“The California Invasion of Privacy Act prohibits the surreptitious third-party monitoring and recording of phone calls carried out by Home Depot and Google in this case,” the class action says. “Defendants violated CIPA each time someone called Home Depot and the contents of that call were disclosed to third-party Google without prior consent from all parties to the call.”

Home Depot allegedly never disclosed AI access to customer calls

CIPA prohibits intentionally wiretapping, attempts to learn the contents of wire communications and attempts to communicate information obtained through that wiretapping.

CIPA allows for claims of $5,000 per violation.

“Plaintiff was not aware, and had no reason to believe, that his communications were simultaneously being disclosed to a third party: Google,” the class action says. “Plaintiff was not informed at the beginning of his calls that Google would be monitoring and recording the calls.”

Plaintiff Christopher Barulich is asking for injunctive relief, $5,000 per violation and attorneys’ fees and costs.

Consumers filed several class action lawsuits in early 2023 claiming that Home Depot, Bass Pro Shops, Noom, Ring and Carnival failed to get their consent before covertly wiretapping online communications on their websites. 

Have you called Home Depot customer service since 2021? Let us know in the comments.

The plaintiff is represented by Nicholas C. Soltman of Kinsella Holley Iser Kump Steinsapir LLP and Anthony G. Simon and Jeremiah W. Nixon of The Simon Law Firm PC.

The Home Depot class action lawsuit is Barulich v. The Home Depot Inc., et al., Case No. 2:24-cv-01253, in the U.S. District Court for the Central District of California.

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