Christina Spicer  |  June 7, 2021

Category: Legal News

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(Photo Credit: Chatchai Somwat/Shutterstock)

A class action lawsuit alleging that McDonald’s took illegal recordings of Illinois residents’ voices as they made orders through the chain’s drive-thru has been transferred to federal court.  

Lead plaintiff, Shannon Carpenter, wants to represent other Illinois residents, claiming that the fast-food chain violated state privacy laws when it recorded voiceprint biometric privacy information during drive-thru visits. His class action lawsuit, originally filed in state court, was removed to Illinois federal court earlier this month.  

Carpenter alleges that McDonald’s uses artificial intelligence (AI) technology to interact with drive-thru customers. He says that he and thousands of other Illinois residents used Mcdonald’s AI voice assistant, not knowing that the company was recording and storing biometric information.  

The class action lawsuit alleges that McDonald’s uses AI to great customers and take orders through its drive-thrus. The technology does not only allow customers to make a drive-thru order, claims the plaintiff. Carpenter contends that McDonald’s AI can also collect and store the information for future use and dissemination by the company.  

Carpenter alleges that McDonald’s violated his and other Illinois residents’ privacy rights under the state’s Biometric Information Privacy Act (BIPA).  

BIPA limits the collection and use of biometric information from Illinois residents. Under the state law, those that wish to collect biometric information, including finger and handprints, as well as face and voiceprints, must provide notice and consent. In addition, the entity must provide information about how it will store the biometric information and when it will be destroyed.  

Carpenter alleges that McDonald’s failed to take any of the steps required under BIPA before obtaining his and other Illinois residents’ voiceprints as they used the chain’s drive-thru.  

Many large companies have faced BIPA class action lawsuits, including AppleWalmart, and Microsoft. Some companies have paid to settle these claims, including a $650 million BIPA class action settlement made by Facebook earlier this year.  

Carpenter claims that McDonald’s not only uses AI technology to record consumers’ voiceprints, it also collects their car’s license plate information.  

“McDonald’s AI voice assistant goes beyond real-time voiceprint analysis and recognition and also incorporates ‘machine-learning routines’ that utilize voiceprint recognition in combination with license plate scanning technology to identify unique customers regardless of which location they visit and present them certain menu items based on their past visits,” alleges the class action lawsuit.  

The class action lawsuit seeks to represent all Illinois residents who used a McDonald’s drive-thru containing AI technology. Carpenter wants damages for himself and other customers, as well as attorney and court fees.  

Are you concerned that McDonald’s recorded your voice during a drive-thru trip? Tell us about it in the comment section below! 

The lead plaintiff is represented by Eugene Y. Turin, Timothy P. Kingsbury, Colin P. Buscarini, and Andrew T. Heldut of McGuire Law PC. 

The McDonald’s Drive-Tru BIPA Class Action Lawsuit is Carpenter v. McDonald’s Corp., Case No. 1:21-cv-02906, in the U.S. District Court for the Northern District of Illinois. 


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32 thoughts onMcDonald’s Takes Voiceprints During Drive-Thru Trips, Alleges Class Action Lawsuit

  1. jeana colston says:

    Add me please I did not know that they were doing this.

  2. G. Holloway says:

    I’m not in Illinois, but yes I would be very concerned that any restaurant would record my voice and take pics of license plate. Very strange too me! Please add me if possible.

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