July 7 (Reuters) - A federal judge in Seattle on Monday
said tens of millions of users of Amazon.com's ( AMZN ) cloud-based voice
service Alexa can band together in a class action accusing the
tech giant of deceptively recording and collecting their private
conservations.
The Alexa users met the legal threshold to sue in a
nationwide class action for monetary damages and a court order
to stop the alleged privacy violations, U.S. District Judge
Robert Lasnik said in his ruling.
The lawsuit, brought on behalf of users who registered one
or more Alexa devices, alleges Amazon ( AMZN ) violated Washington's
consumer protection law by failing to disclose the retention and
use of recordings for commercial gain.
Amazon ( AMZN ) declined to comment. Lead attorneys for the consumers
did not immediately respond to a request for comment.
Class-action status will allow the plaintiffs to pursue
large-scale claims against Amazon ( AMZN ) as a group, as opposed to
filing individual claims.
"The fact that millions of people were allegedly injured by
the same conduct suggests that representative litigation is the
only way to both adjudicate related claims and avoid
overwhelming the courts," Lasnik wrote.
Lasnik declined the plaintiffs' request to certify
additional classes, including for people in California and other
states who lived with someone who had a registered Alexa device.
Amazon ( AMZN ) launched Alexa in 2014 as a virtual assistant that
responds to a command prompt, or "wake" word, such as "hi,
Alexa."
The plaintiffs alleged Amazon ( AMZN ) designed the technology "to
illegally and surreptitiously intercept billions of private
conversations" that extended beyond commands aimed at Alexa.
Amazon ( AMZN ) has denied any wrongdoing in the lawsuit, which was
filed in 2021. The company argued there was no evidence that
Alexa "ever captured any plaintiff's 'conversation' or other
communication." It said it built Alexa with safeguards to
prevent accidental activations.
The plaintiffs are also seeking a court order that would
force Amazon ( AMZN ) to destroy any existing recordings and related
data.
The case is Kaeli Garner v. Amazon.com ( AMZN ), U.S. District Court,
Western District of Washington, No. 2:21-cv-00750-RSL.
For plaintiffs: Michael Canty of Labaton Keller Sucharow and
Paul Geller of Robbins Geller Rudman & Dowd
For Amazon ( AMZN ): Jedediah Wakefield and Brian Buckley of Fenwick
& West
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