Amazon is facing a class action lawsuit in Illinois after allegedly storing and processing data without permission.
Plaintiffs accused the tech giant of breaching the Illinois Biometric Information Privacy Act (BIPA) by collecting and indefinitely storing voice data belonging to users of its Alexa voice-activated system, as well as bystanders and children who inadvertently use the system.
The class action complaint, filed to the Cook County Circuit Court in Illinois on 27 June, said that Amazon has “disregarded” the obligations of the BIPA by collecting voice data without permission and indefinitely storing that data.
Under the rules of the BIPA, companies must inform users in writing before they collect biometric information such as voice data and must receive a written release giving it permission to process biometric data.
Amazon also does not publish retention and deletion policies as required by the law, the complaint said.
Once Alexa’s “trigger word” – a phrase which users say that prompts the system to start recording – is used, Alexa captures and stores the voiceprints of any people who speak near it, “regardless of age or affiliation with Amazon”, the lawsuit said.
The named plaintiffs include the owner of an Amazon Alexa device, an Illinois resident who did not purchase any Alexa device but claims Amazon stored his voice data without his permission, and an unnamed child.
Counsel to the plaintiffs requested that the court certify three classes. The first class includes all affected Illinois residents, while the other two include “bystanders” who did not purchase Alexa devices but whose voices were recorded anyway, and children whose voices Alexa recorded.
The plaintiffs’ counsel asked the court to certify the three proposed classes, declare that Amazon has violated BIPA and award damages of $5,000 for every intentional or reckless violation or $1,000 for every negligent violation. Plaintiffs requested a jury trial.
The complaint comes shortly after Delaware Senator Chris Coons wrote a letter to Amazon chief executive Jeff Bezos asking him to provide information about Alexa’s privacy practices.
The letter followed news reports that Amazon retains transcripts of all voice data indefinitely and that users cannot request they be deleted.
Amazon’s response said that it retains customers’ voice recordings and transcripts “until the customer chooses to delete them”. The company did not respond to a request for comment from GDR.
Amazon is facing a similar lawsuit over alleged recording of children's voice data in Washington.
Counsel to plaintiffs
Taxman Pollock Murray & Bekkerman
Partners Marc Taxman, Bradley Pollock, Sean Murray and Gerald Bekkerman in Chicago are assisted by Brennan Hutson
KamberLaw
Partners Michael Aschenbrener and Adam York in Chicago and Scott Kamber in Denver