BIPA Class Action accuses Popular Restaurants of collecting Biometric Voice Prints without consent
Several well-known restaurants are being sued in a proposed class action for allegedly collecting, using, and storing biometric voiceprints of customers without their consent through the use of artificial intelligence-powered voice ordering systems.
Restaurants accused in this complaint include Applebee’s, Red Lobster, Chipotle, Blaze Pizza, Dine Brands Global, Noodles & Company, and Portillo’s.
The 43-page complaint accuses the restaurants of using an automated voice ordering system developed by Defendants Interactions LLC and SYNQ3. This voice ordering system, alleges the complaint, uses AI technology to assist customers in placing orders over the phone. Allegedly, they collect, store and use customers’ voiceprints to “understand, interpret, analyze, and/or make use of speech signals”. The lawsuit claims that these voiceprints help Defendants’ machine learning systems “become more accurate over time.”
“…Defendants collect, and then indefinitely store, voiceprints of Restaurant Defendants’ customers who interact with the Restaurant Defendants’ automated voice ordering systems, which utilize an artificial intelligence (“AI”) voice assistant to take orders placed over the phone – without ever informing anyone of this practice in writing.”
Guy-Powell et al v. Applebee’s Restaurants LLC et al, Case No. 2022CH08365
The Biometric Information Privacy Act (BIPA) makes it compulsory for businesses to take prior written consent before collecting or using biometric voiceprints of Illinois residents
BIPA prohibits a business from collecting, capturing, purchasing, or otherwise obtaining a person’s biometric voiceprints, without prior written consent. Furthermore, the BIPA requires businesses to publish a retention schedule for permanently destroying consumers’ biometric data. Disclosing “specific purpose and length of term for which such biometric identifiers or information are being collected, stored, and used.”
Additionally, the Illinois Supreme Court ruled in 2019 that a consumer could file a BIPA claim even without injuries if the defendant did not meet these notice and consent requirements.
BIPA Class Action seeks to secure remedy for all Illinois residents who ordered at any of these restaurants over the phone
Consequently, successful class members can recover $1,000 for each negligent violation and $5,000 for intentional or reckless each violation under the BIPA.
This lawsuit seeks to represent Illinois residents whose voiceprints were captured, collected, received, or used by any Defendant Restaurant. Hence, any Illinois resident who placed an order at any of these restaurants via phone could be a potential class member.
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Could this class action also affect you?
Evidently, the complaint raises serious allegations about these restaurants’ biometric data collection practices. Consumers have a right to know. Some consumers may not have spoken to the automated voice system had they known about the biometric data collection practice.
If you are an Illinois resident and placed an order at any of these restaurants using the automated voice ordering system, you could be a class member too.
Any Illinois resident who used a similar feature to order from any other restaurant, may have a potential BIPA claim. Many business are collecting and using your biometric information. Often without disclosing their biometric data collection practises to you, and putting your biometric data privacy at risk.
Are other businesses also collecting your biometric data, possibly without consent? Read our investigation on how your Biometric Data Privacy might be at risk and how the laws can help you in securing your biometric data privacy.
You can also secure your Biometric Data Privacy
If you placed an order via an automated voice ordering system, they may have stored your biometric voiceprint as well. Your biometric privacy may be at risk.
Illinois’ Biometric Information Privacy Act allows affected consumers to recover up to $5,000 for each violation they suffered. Similarly, other states have also enacted laws to protect their residents’ biometric data privacy, like California’s CIPA, CCPA and CPRA.
We can help you investigate your potential BIPA claims. Please contact us to consult a class action lawyer at ClassActionNews today.
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