By Mark Sanborn
Senior Product and Regulatory Counsel
On December 31, 2024, a proposed $95 million settlement was announced in a class-action lawsuit alleging Apple’s Siri products violated users’ privacy by eavesdropping on device users without consent. The class action claim alleged, among other things, a violation of several of the very same claims often found in cookie consent litigation against dealers and others. This class, and the significant proposed settlement amount, underscores ongoing legal risks related to wiretapping claims. A similar class action lawsuit against Google, remains pending.
Background
The lawsuit accuses Apple’s Siri of routinely recording private conversations without user consent, along with allegations that Apple shared these recordings with third parties. Legal claims were brought under the Federal Wiretap Act, California Invasion of Privacy Act (CIPA), and California Unfair Competition Law (UCL). Plaintiffs also alleged Apple misrepresented Siri’s privacy safeguards, misleading consumers into believing their conversations would remain private.
Takeaway for Dealers
This case highlights significant risks businesses face under federal and state privacy laws when capturing and using communications without explicit consent, or when failing to honor privacy policy commitments. These risks have been highlighted recently by the avalanche of claims against dealers and others regarding cookie practices on dealer websites. The essence of the allegations is the same. Dealers should act quickly to adopt a compliant cookie consent banner, and take steps to ensure their data collection and use practices—both online and offline—comply with applicable laws and that their privacy policies accurately reflect their practices.
ComplyAuto makes it easy!
ComplyAuto provides tools to simplify compliance and protect businesses from these risks. With ComplyAuto, dealers can generate custom privacy policies by answering a few questions and confirming their vendors, with updates easily managed through the software portal or with support from a Customer Success Manager. Additionally, ComplyAuto offers fully customizable cookie consent management tools, allowing dealers to tailor cookie banners to local laws and operational risk tolerance. Available geofencing options enable dealers to implement varying cookie practices based on users’ locations (as indicated by IP address). Best of all, the ComplyAuto Privacy product is backed by an unrivaled $1 million regulatory compliance guarantee*.
*Limitations and exclusions apply, see ComplyAuto Master Terms of Service for details.