Google to pay $68M to settle secret recording lawsuit

Google agreed to pay $68m to settle a class action lawsuit alleging that it secretly recorded users’ private conversations through Google Assistant on Android devices.

What happened

The proposed settlement was filed on Friday in a California federal court and must be approved by US District Judge Beth Labson Freeman before it can take effect. The case was brought as a class action, meaning the settlement money would be shared among a large group of claimants rather than awarded to a single individual.

Those eligible for compensation include people who owned Google devices dating back to May 2016. As part of the settlement filing, Google denied any wrongdoing and said it chose to settle in order to avoid the cost and uncertainty of continued litigation. The agreement does not require Google to admit liability.

The backstory

Google Assistant is designed to remain in standby mode until it hears a specific activation phrase, typically ‘Hey Google,’ at which point it begins recording audio and sending it to Google’s servers for processing. The lawsuit claimed that the assistant was sometimes triggered accidentally, recording conversations that users intended to remain private. Plaintiffs alleged that these recordings were then used to create targeted advertising, effectively sharing personal information with advertisers without permission.

What was said

According to the Notice of Pendency of Class Action, “Plaintiffs refer to such instances as 'False Accepts' and allege that Google wrongfully collects, uses, and discloses user audio recordings from False Accepts to improve the speech recognition abilities of Google Assistant. Plaintiffs allege Google’s conduct constitutes a breach of the privacy assurances that Google makes to users in its Privacy Policy and an unlawful practice under California’s Unfair Competition Law (“UCL”) (collectively, the “Class Claims”). Google denies all of Plaintiffs’ allegations.”

Why it matters

The Google Assistant and Apple settlement from earlier this month are instances of a recurring tension between the convenience offered by voice-activated technology and the protection of user privacy. In both instances, the assistants are designed to remain dormant until activated by a ‘wake word,’ but plaintiffs alleged that the devices occasionally misfired, recording private conversations without consent.

A study published by the National Library of Medicine, On the Security and Privacy Challenges of Virtual Assistants, reinforces this theme: “Voice assistants transmit large amounts of data to their vendors; these data are processed and stored in the Cloud…privacy concerns include worries that the virtual assistant is recording without the user’s knowledge or consent.”

From a legal perspective, both cases were structured as class actions, reflecting the scale of potential harm across millions of users and enabling courts to address systemic privacy concerns rather than isolated incidents. Financially, the settlements, $68 million for Google and $95 million for Apple, represent large but not prohibitive penalties. Technologically, the cases expose the risks inherent in ‘always-on’ devices and the challenges of designing systems that can reliably distinguish between intentional commands and ambient speech.

See also: HIPAA Compliant Email: The Definitive Guide (2025 Update)

FAQs

What was the Google Assistant class action about?

The lawsuit claimed that Google Assistant sometimes recorded private conversations without users’ consent and that those recordings were allegedly used to target advertisements.

How does this affect healthcare organizations?

Healthcare providers increasingly rely on digital tools, smart devices, and virtual assistants in patient care. Organizations must ensure that any technology used in clinical settings complies with HIPAA. Even seemingly minor misfires in recording could create legal and reputational risks if patient data is exposed.