TransUnion records your biometric voice prints without consent, alleges latest Class Action.
According to the latest class action lawsuit, TransUnion violates the CIPA. It alleges TransUnion “records, examines and uses” consumers’ biometric voice prints without proper their consent.
The California Invasion of Privacy Act (CIPA) prohibits using voice recognition systems without consent. More specifically, it prohibits recording or examining “any voice prints or other voice stress patterns to determine the truth or falsity” of their statements.
“As such, a voice print serves as an audible “fingerprint” which can directly identify an individual and can even reveal the speaker’s behavioral traits”.
Any unauthorised recording and analyses of one’s biometric voiceprints is a breach of privacy and a threat to the their liberty. CIPA intends to protect Californians from such breach of privacy and any unauthorised use of their biometric voice data.
To deter any unlawful use of biometric voiceprints, CIPA allows Californians to recover up to $1,000 for each such violation.
Cal. Penal Code §637.3(c)The proposed class action claims TransUnion uses callers’ voice prints to determine the truth of falsity of their statements.
On October 26, Plaintiff Kahleia Dillon, a California resident, filed a class action lawsuit against TransUnion LLC for allegedly violating the California Invasion of Privacy Act (CIPA).
The consumer credit reporting agency is being sued for allegedly using a system that analyzes callers’ voices to determine whether or not they are telling the truth. Or to “determine the truth of falsity” of the callers’ statements. Without the express written consent of the callers.
According to the class action lawsuit against TransUnion, the company uses a system that can confirm or disprove the identity of callers by using voice recognition software to create a biometric voiceprint for each caller. As a result, the agency can examine the callers’ voiceprints to verify the veracity of their claims.
Evidently, TransUnion boasts of their Voice Biometric capabilities on one of their own webpages.
Says TransUnion’s Tim Frost, Vice President: Product Management & Development. “Our partnership with South Africa’s leading specialist voice biometric solutions provider has meant that we can offer our customers an important addition to our authentication solution stack. Voice biometrics provides a step-up in security, a new user experience and a service differentiator, as well as driving lower operational costs. It lowers business risk while improving business competitiveness, and increasing customer satisfaction”.
The hosted Voice Bank solution currently has 30,000 voice prints, primarily acquired via TransUnion’s consumer call centre, but is expected to grow rapidly. TransUnion anticipates that building this Voice Bank will deliver significant value to corporate customers as this data type is reliable and unique.
https://www.transunion.co.za/opinion-piece/voice-biometrics-national-voice-banks-in-south-africa-provide-host-of-benefitsPlaintiff Dillon alleges, “the voice examination(s) Defendant performed were meant to determine truth or falsity of statements, similar to a polygraph test. Plaintiff was completely unaware Plaintiff was being subject to such a test.”
This could well be true for many other consumers who called, or received a call from, Trans Union. Similarly, there could be a host of other businesses which use voice recognition, and analysis if biometric voiceprints to verify caller’s identity without their consent.
The Trans Union CIPA Class Action was filed in the U.S. District Court for the Southern District of California.
Dillon v. Trans Union, LLC – 3:22-cv-01662-TWR-BGS
According to the lawsuit, Defendant identifies its customers by (1) recording the first call with the customer, (2) listening to the recording for stress patterns and other characteristics, and (3) reviewing all subsequent calls from the customer and comparing the voice prints to those already on file for that customer.
The lawsuit further claims that Defendant’s system analyzes the unique acoustic and behavioral features of a caller’s voice, including stress patterns, to determine the truth or falsity of statements, using the full audio of the call to do so. According to Plaintiff Dillon, Defendant’s method strikingly similar to the Polygraph. Which is exactly the type of system The California legislature intended to restrict.
In a recent FCRA Class Action Lawsuit, TransUnion has agreed to pay $9 million to settle the claim alleging TransUnion’s failure in preventing its customers from being wrongly flagged as potential terrorists on their credit reports.
dillon-trans-union-llcDo you remember calling a business which used a voice recognition system? Did you give them your consent to use your biometric voiceprints?
Many companies could be using your biometric voiceprints without your consent.
If you think your privacy might be at risk, get in touch with us now. Our team will investigate if you have been exposed to a privacy breach. You may also be eligible to recover up to $1,000 for each such violation. Contact us now to get in touch with a class action lawyer at ClassActionNews today.
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