Case 2:21-cv-00750 Document 1 Filed 06/07/21 Page 1 of 20
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`SEATTLE DIVISION
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`CASE NO.
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`
`COMPLAINT—CLASS ACTION
`AND DEMAND FOR JURY TRIAL
`
`
`
`Plaintiffs,
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`
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`KAELI GARNER, DOLORES SHEEHAN, PAUL
`SHEEHAN, RICKY BABANI, MICHAEL
`BATES, DENNIS CROTEAU, and JEANNETTE
`CROTEAU, Individually and on Behalf of All
`Others Similarly Situated,
`
`
`v.
`
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`AMAZON.COM, INC., a Delaware Corporation,
`and A2Z DEVELOPMENT CENTER, INC., a
`Delaware Corporation,
`
`
`Defendants.
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`
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`I.
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`INTRODUCTION
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`CLASS ACTION COMPLAINT
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`1.
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`This case is a class action lawsuit arising out of Amazon’s practice of using smart-
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`speaker technology (“Alexa”) to surreptitiously save permanent recordings of millions of Americans’
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`voices, all without their knowledge or consent. Such an invasion of privacy blatantly violates the
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`laws of California, Florida, Massachusetts, and New Hampshire, all of which prohibit the recording
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`of oral communications without the consent of all parties to the communication. Plaintiffs bring this
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`CLASS ACTION COMPLAINT - 1
`CASE NO.
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`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`Case 2:21-cv-00750 Document 1 Filed 06/07/21 Page 2 of 20
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`action, individually, and on behalf of a class of similarly situated person, to redress those violations
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`of law.
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`2.
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`The mechanics of Amazon’s illegal conduct work as follows. Alexa devices are
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`designed to record and respond to communications immediately after an individual says a word
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`known as a “wake” word, which usually consists of an individual saying the words “Alexa” or
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`“Echo.” Once the Alexa device recognizes the “wake” word, the Alexa device then records the
`ensuing communication—including anything an individual in the vicinity of the device may say—
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`and then transmits that recording to Amazon’s servers for interpretation and processing before
`receiving the relevant data back in response. Amazon then indefinitely and permanently stores a
`copy of that recording on its own servers for later use and commercial benefit, warehousing billions
`of private conversations in the process.
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`3.
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`This practice becomes all the more sinister when one recognizes the magnitude of how
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`much Alexa can capture. For one, Amazon does not distinguish between a registered Alexa user or
`non-registered users; anyone in the vicinity of an Alexa device who speaks—whether directly to
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`Alexa or to another person in the room, or even to themselves—will have their voice recorded through
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`this process.1 Further, Amazon’s use of this smart-speaker technology is not limited to one line of
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`devices, but encompasses a range of Amazon products including Echo Dot, Echo Plus, Echo Sub,
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`Echo Show, Echo Input, Echo Frames eyeglasses, Amazon Fire TV digital media player, and Amazon
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`Fire tablets. Indeed, Amazon allows third-party manufacturers of devices such as residential
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`thermostats, computers, and security cameras to offer Alexa integration, and even allows third-party
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`manufacturers to offer devices with Alexa capability already built-in, such that those third-party
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`devices are functionally equivalent to an Amazon device (collectively, “Alexa Devices” or “Alexa
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`Device”).
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`4.
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`Shockingly, Alexa may also capture a person’s voice and record their conversations
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`even without the intentional use of a wake word. It has been found that words as varied as
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`1 “Registered” users refer to persons who registered the Alexa Device at issue. “Unregistered” or
`“Non-registered” users refer to persons who did not register the Alexa Device at issue.
`CLASS ACTION COMPLAINT - 2
`CASE NO.
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`38TH FLOOR
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`Case 2:21-cv-00750 Document 1 Filed 06/07/21 Page 3 of 20
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`“exclamation,” “congresswoman,” “Kevin’s car,” “pickle,” or “a ghost” have caused an Alexa device
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`to activate if the programmed wake words were “Alexa” or “Echo.”2 Notably, a user may set their
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`own wake word, which brings with it another wide range of false positives that activate Alexa’s ears
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`– and Amazon’s insidious course of conduct in the process.
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`5.
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`Alexa’s eavesdropping range thus captures a host of private conversations that many
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`individuals would find extremely personal, including conversations about one’s family, medical
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`conditions, religious beliefs, political affiliations, and other personal or private matters. Such
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`conversations are located and stored in a cold server owned by Amazon—and left in Amazon’s hands
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`to use as they see fit.
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`6.
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`Plaintiffs bring this Class Action Complaint against Defendants Amazon.com, Inc.,
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`and a2z Development Center, Inc. d/b/a Amazon Lab126 (collectively “Amazon” or “Defendants”)
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`to obtain redress for all California, Florida, Massachusetts, and New Hampshire residents who have
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`used Alexa on any Alexa Device, or had their communications monitored, recorded, stored, or
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`intercepted by an Alexa Device—irrespective of whether they were registered or unregistered users—
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`and have therefore been recorded by Amazon without consent. Plaintiffs allege as follows as to
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`themselves, upon personal knowledge of their own acts and experiences, and as to all other matters,
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`PARTIES
`7.
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`upon information and belief including investigation conducted by their undersigned attorneys:
`II.
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`Plaintiff Kaeli Garner is a natural person and citizen of California, and resides in the
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`County of San Diego. Plaintiff Kaeli Garner lived in a household with an Alexa Device registered by
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`someone else.
`8.
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`Plaintiffs Dolores Sheehan and Paul Sheehan are natural persons and citizens of the
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`Commonwealth of Massachusetts. Plaintiff Dolores Sheehan owns and operates an Amazon Echo
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`2 Jennifer Jolly, It’s not you, it’s them: Google, Alexa and Siri may answer even if you haven’t called¸
`USA TODAY (Feb. 25, 2020), https://www.usatoday.com/story/tech/conferences/2020/02/25/google-
`alexa-siri-randomly-answer-even-without-wake-word-study-says/4833560002/.
`CLASS ACTION COMPLAINT - 3
`CASE NO.
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`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`Case 2:21-cv-00750 Document 1 Filed 06/07/21 Page 4 of 20
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`device. Dolores and Paul Sheehan are husband and wife and reside in the same household. Plaintiff
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`Paul Sheehan lived in a household with an Alexa Device registered by someone else.
`9.
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`Plaintiff Ricky Babani is a natural person and citizen of Florida. A member of his
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`household owns and operates an Alexa Device. Plaintiff Ricky Babani lived in a household with an
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`Alexa Device registered by someone else.
`10.
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`Plaintiff Michael Bates is a natural person and citizen of the Commonwealth of
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`Massachusetts. Plaintiff Michael Bates lived in a household with an Alexa Device registered by
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`someone else.
`11.
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`Plaintiffs Dennis and Jeannette Croteau are natural person and citizens of New
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`Hampshire. Plaintiff Jeannette Croteau owns and operates an Amazon Device. Plaintiff Dennis
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`Croteau lived in a household with an Alexa Device registered by someone else.
`12.
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`Defendant Amazon.com, Inc. is a Delaware corporation with its headquarters and
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`principal place of business at 410 Terry Avenue North, Seattle, Washington.
`13.
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`Defendant a2z Development Center, Inc., d/b/a Amazon Lab126, is a Delaware
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`corporation with its headquarters and principal place of business located at 1120 Enterprise Way,
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`Sunnyvale, California. Amazon Lab126 employs thousands of individuals, many of whom work on
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`Alexa-enabled devices and software at its Sunnyvale headquarters, and is a subsidiary of
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`Amazon.com, Inc.
`III.
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`JURISDICTION AND VENUE
`14.
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`This Court has subject-matter jurisdiction over this dispute under 28 U.S.C. § 1332(d)
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`because the amount in controversy exceeds $5,000,000, exclusive of interest and costs, and because
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`at least one member of each class is a citizen of a different state than at least one Defendant.
`15.
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`This Court has personal jurisdiction over Defendants because a substantial part of the
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`harm, events, and conduct giving rise to Plaintiff’s claims occurred in Washington, and Defendant
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`Amazon.com, Inc. is headquartered in Washington.
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`CLASS ACTION COMPLAINT - 4
`CASE NO.
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`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`Case 2:21-cv-00750 Document 1 Filed 06/07/21 Page 5 of 20
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`16.
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`Venue is proper in this Court under 28 U.S.C. § 1391 because Defendant
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`Amazon.com, Inc. is headquartered in this District, and because a substantial part of the events and
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`conduct giving rise to Plaintiff’s claims took place in this District.
`IV.
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`FACTUAL BACKGROUND
`17.
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`Amazon is one of the largest companies in the world, with net sales of over $386
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`billion in 2020.3 As an e-commerce company, Amazon’s main sources of revenue are retail sales,
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`third-party seller services, subscription services, and Amazon Web Services (“AWS”) arrangements
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`that include “global sales of compute, storage, database and other services.”4 According to some
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`reports, an astounding 42% of the internet is powered by AWS, more than double that of Microsoft,
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`Google, and IBM combined.5
`18.
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`Amazon also develops certain technology products, including Alexa, Amazon’s
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`“cloud-based voice service available on hundreds of millions of devices from Amazon and third-party
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`device manufacturers.”6 Amazon further describes Alexa as its “voice AI,” which “lives in the cloud
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`and is happy to help anywhere there’s internet access and a device that can connect to Alexa.”7 Alexa
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`“listens” to verbal communications and responds to those communications in a simulated voice.
`19.
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`The inception of Alexa began with Amazon Lab126 designing and engineering the
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`Echo “smart speaker” in 2010, which led to Amazon launching the Echo “smart speaker” product in
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`conjunction with the Alexa voice assistant in November 2014.
`20.
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`Amazon’s use of the Alexa smart-speaker technology is not limited to one line of
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`devices, but now encompasses a range of Amazon products including Echo Dot, Echo Plus, Echo
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`Sub, Echo Show, Echo Input, Echo Frames eyeglasses, Amazon Fire TV digital media player, and
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`3 Form 10-K for Fiscal Year Ended December 31, 2020, Amazon Inc.,
`https://ir.aboutamazon.com/sec-filings/default.aspx
`4 Id.
`5 Matt Ward, Amazon: The Company Consuming Consumers, thinkgrowth.org (Jan. 29, 2018),
`https://thinkgrowth.org/the-big-4-part-one-amazon-the-company-that-consumes-the-world-
`fb4679f10708.  
`6 Amazon, What is Alexa, https://developer.amazon.com/en-US/alexa (last visited June 4, 2021).
`7 Amazon, FAQs: What is Alexa?, https://www.amazon.com/b?ie=UTF8&node=21576558011 (last
`visited June 5, 2021).
`CLASS ACTION COMPLAINT - 5
`CASE NO.
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`38TH FLOOR
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`Case 2:21-cv-00750 Document 1 Filed 06/07/21 Page 6 of 20
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`Amazon Fire tablets. Additionally, Amazon allows third-party manufacturer of devices, such as
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`residential thermostats, computers, and security cameras, to offer Alexa integration, and also allows
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`third-party manufacturers to offer devices with Alexa capability already built-in (collectively, “Alexa
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`Devices” or “Alexa Device”). As of January 2019, Amazon has reported that over 100 million
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`devices with Amazon’s Alexa assistant pre-installed have been sold.8
`21.
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`In order to use an Alexa Device, a person needs a WiFi Internet connection and the
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`Alexa mobile application (the “Alexa App”) installed on a smartphone or tablet.
`22.
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`To first use the Alexa App, an individual must have an account with Amazon. The
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`individual must then follow the set-up process on the Alexa Device, which indicates that one must
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`pair the Alexa Device with the Alexa App. After the person has paired the Alexa Device to the Alexa
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`App, the Alexa Device is ready for use by anyone, including people who do not have an account with
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`Amazon, have not set up the Alexa Device, or do not have an Alexa App.
`23.
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`Alexa Devices are designed to record and respond to communications immediately
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`after an individual says a wake word (usually “Alexa” or “Echo”).9 If the wake word is recognized,
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`the Alexa Device records the ensuing communication and then transmits the recording to Amazon’s
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`servers for interpretation and processing before receiving the relevant data in response.
`24.
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`However, oftentimes, the Alexa Device will record, monitor, or intercept
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`communications even without the intentional use of a wake word. Indeed, reports have stated that it
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`is extremely common for Alexa to activate, begin recording, and then upload the eavesdropped audio
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`to the cloud, even when no wake word was used.10 It has been found that words as varied as
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`“exclamation,” “congresswoman,” “Kevin’s car,” “pickle,” or “a ghost” have activated Alexa even if
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`8 Lucase Matney, More Than 100 Million Alexa Devices Have Been Sold, TECH CRUNCH (Jan. 4,
`2019), https://techcrunch.com/2019/01/04/more-than-100-million-alexa-devices-have-been-sold/.
`9 Matt Day, Giles Turner, and Natalia Drozdiak, Amazon Workers Are Listening to What You Tell
`Alexa, BLOOMBERG (Apr. 10, 2019), https://www.bloomberg.com/news/articles/2019-04-10/is-
`anyone-listening-to-you-on-alexa-a-global-team-reviews-audio.
`10 Carley Lerner, Is Alexa Really Always Listening, READER’S DIGEST (May 28, 2021),
`https://www.rd.com/article/is-alexa-really-always-listening/.
`CLASS ACTION COMPLAINT - 6
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`Case 2:21-cv-00750 Document 1 Filed 06/07/21 Page 7 of 20
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`the wake words “Alexa” or “Echo” were not used.11 According to a report by Bloomberg, there are
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`at least 100 transcripts of conversations uploaded to the cloud each day that Alexa Devices have
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`recorded without purposely being activated.12
`25.
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`Furthermore, Alexa’s auditory reach is expansive. It can hear individuals typing across
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`the room such that it can record PIN codes and text messages, by picking up and listening to the
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`vibration of the screen while a user’s finger taps it.13 Alexa has also recorded people during intimate
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`moments.14 There have been reports that Alexa has also sent and forwarded audio recordings of
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`private conversations to family members, without the intent of the Alexa user.15
`26.
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`Once Alexa has responded to a recording sent by an Alexa Device, Amazon
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`permanently stores a copy of that recording on its own servers for later use and analysis.16 While users
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`may attempt to delete their recordings, according to Senator Chris Coons, after directly inquiring of
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`Amazon as to how long voice recordings and transcripts were kept by the company, “Amazon’s
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`response leaves open the possibility that transcripts of user voice interactions with Alexa are not
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`deleted from all of Amazon’s servers, even after a user has deleted a recording of his or her voice. . .
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`11 Jennifer Jolly, It’s not you, it’s them: Google, Alexa and Siri may answer even if you haven’t called¸
`USA TODAY (Feb. 25, 2020), https://www.usatoday.com/story/tech/conferences/2020/02/25/google-
`alexa-siri-randomly-answer-even-without-wake-word-study-says/4833560002/.
`12 Id.; Matt Day, Giles Turner, and Natalia Drozdiak, Amazon Workers Are Listening to What You
`Tell Alexa, BLOOMBERG (Apr. 10, 2019), https://www.bloomberg.com/news/articles/2019-04-10/is-
`anyone-listening-to-you-on-alexa-a-global-team-reviews-audio.
`13 Aditya Saroha, Alexa can hear and record what is typed in nearby devices, study finds, THE HINDU
`(Dec. 28, 2020), https://www.thehindu.com/sci-tech/technology/alexa-can-hear-and-record-what-is-
`typed-in-nearby-devices-study-finds/article33435660.ece.
`14 Asher Stockler, Amazon Alexa Capturing Audio of People Having Sex, Possible Sexual Assaults:
`Report, NEWSWEEK (Aug. 1, 2019), https://www.newsweek.com/amazon-alexa-recordings-romania-
`sex-privacy-1452173.
`15 Carley Lerner, Is Alexa Really Always Listening, READER’S DIGEST (May 28, 2021),
`https://www.rd.com/article/is-alexa-really-always-listening/.
`16 Charlie Osborne, Amazon confirms Alexa customer voice recordings are kept forever, ZD NET (July
`3, 2019), https://www.zdnet.com/article/amazon-confirms-alexa-customer-voice-recordings-are-
`kept-forever/.
`CLASS ACTION COMPLAINT - 7
`CASE NO.
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`Case 2:21-cv-00750 Document 1 Filed 06/07/21 Page 8 of 20
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`. What’s more, the extent to which this data is shared with third parties, and how those third parties
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`use and control that information, is still unclear.”17
`27.
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`Amazon then uses those recordings for its own benefit. It claims to use them to
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`constantly refine, improve, and develop new technologies for Amazon. For example, Amazon now
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`has the capability to listen to people’s conversations and make targeted advertisements based on what
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`is said.18 Moreover, many Alexa recordings are individually reviewed by Amazon workers and
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`contractors, with reviewers parsing as many as 1,000 audio clips per day from outposts located in
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`Costa Rica, Romania, and India.19
`28.
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`Amazon does not sufficiently warn individuals via its terms of service or otherwise
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`that it is intercepting, recording, monitoring, or storing their communications in perpetuity and
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`creating permanent recordings of their voice when they are communicating in the vicinity of an Alexa
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`Device. It also does not obtain their consent to do so.
`29.
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`The storage of these recordings has been reported to also be unsecure. Recent reports
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`have described how vulnerable the recordings are to hackers even when stored – a flaw first detected
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`by cyber security firm CheckPoint.20
`30.
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`Recently, Amazon’s ambitions for Alexa have manifested more clearly: Amazon’s use
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`of Alexa is part of an overall plan to create a forced “shared” Internet that is automatically opt-in.
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`Indeed, Amazon intends that—by automatic default—all Amazon devices, include “Alexa, Echo,
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`Ring, CCTV cameras, ambient light sources, motion sensors and other electronics” will share part of
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`17 Alfred Ng, Amazon Alexa keeps your data with no expiration date, and shares it too, CNET (July
`2,
`2019),
`https://www.cnet.com/home/smart-home/amazon-alexa-keeps-your-data-with-no-
`expiration-date-and-shares-it-too/; Press Release, Sen. Chris Coons, Amazon responds to Sen. Coons’
`concerns about consumer privacy practices for Alexa devices (July 3, 2019), available at
`https://www.coons.senate.gov/news/press-releases/amazon-responds-to-sen-coons-concernsabout-
`consumer-privacy-practices-for-alexa-devices.
`18 See U.S. Patent No. 10,692,506 (filed Aug. 2, 2019).
`19 Asher Stockler, Amazon Alexa Capturing Audio of People Having Sex, Possible Sexual Assaults:
`Report, NEWSWEEK (Aug. 1, 2019), https://www.newsweek.com/amazon-alexa-recordings-romania-
`sex-privacy-1452173.
`20 Tech Desk, A critical flaw could have leaked all your personal Alexa voice recordings, THE INDIAN
`EXPRESS (Aug. 14, 2020), https://indianexpress.com/article/technology/social/amazon-alexa-critical-
`bug-voice-recordings-6554545/.
`CLASS ACTION COMPLAINT - 8
`CASE NO.
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`Case 2:21-cv-00750 Document 1 Filed 06/07/21 Page 9 of 20
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`the user’s Internet channel with his or her neighbors in case they do not have Internet and vice versa.21
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`To opt-out of this program, consumers must go through a burdensome opt-out process for all their
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`devices.
`31.
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`It should therefore come as no surprise that Amazon’s overall goal is, and has always
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`been, the aggressive acquisition of consumer’s data based upon its massive AWS presence, its
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`“shared” Internet program, and the use of Alexa Devices to capture and record human conversation
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`and data.
`32.
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`Alexa has the ability to automatically ask for consent from its users. Through its
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`functionality, it can ask its users whether they would like to prevent Alexa from storing its
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`conversations permanently after the conversation or inquiry with Alexa is over. It can ask for
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`affirmative vocal consent from the user to permanently store its conversations during the installation
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`process. It can deactivate Amazon’s permanent recording functionality for users who do not
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`affirmatively consent. Alexa could simply prevent voice recordings altogether by retaining the user’s
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`audio communications only for the time period necessary to process them locally on the device, rather
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`than transmit an entire voice recording to Amazon’s servers.
`33.
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`However, Amazon does not do this because this would run contrary to its ever-
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`expanding strategy of obtaining and collecting data from millions of Americans for its own
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`commercial gain. The use of Alexa to permanently store and capitalize on millions of Americans’
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`private conversations is working exactly as intended.
`V.
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`CLASS ACTION ALLEGATIONS
`34.
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`Plaintiffs bring this action pursuant to Federal Rule of Civil Procedure 23(b)(3)
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`individually and on behalf of the following Class of Persons:
`
`
`21 Abdullah, Amazon Will Force Users of Their Devices to Share the Internet, GIZCHINA (May 31,
`2021),
`https://www.gizchina.com/2021/05/31/amazon-will-force-users-of-their-devices-to-share-
`the-internet/; see also Laurel Wamsley, Your Amazon Echo will Share Your Wireless Network with
`Neighbors,
`Unless
`You
`Opt
`Out,
`NPR
`(June
`4,
`2021),
`https://www.npr.org/2021/06/02/1002590964/your-amazon-echo-will-share-your-wi-fi-network-
`with-neighbors-unless-you-opt-out.
`CLASS ACTION COMPLAINT - 9
`CASE NO.
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`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`Case 2:21-cv-00750 Document 1 Filed 06/07/21 Page 10 of 20
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`
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`California Subclass: All residents in California who used Alexa on any Alexa Device, or had
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`their communications recorded, stored, intercepted, or monitored by an Alexa Device, two
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`years from the date of the filing of this Complaint.
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`Florida Subclass: All residents in Florida who used Alexa on any Alexa Device, or had their
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`communications recorded, stored, intercepted, or monitored by an Alexa Device, four years
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`from the date of the filing of this Complaint.
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`Massachusetts Subclass: All residents in Massachusetts who used Alexa on any Alexa
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`Device, or had their communications recorded, stored, intercepted, or monitored by an Alexa
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`Device, three years from the date of the filing of this Complaint.
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`New Hampshire Subclass: All residents in New Hampshire who used Alexa on any Alexa
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`Device, or had their communications recorded, stored, intercepted, or monitored by an Alexa
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`Device, three years from the date of the filing of this Complaint.
`
`37.
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`Excluded from the Class are: (1) Defendants, Defendants’ subsidiaries, parents,
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`successors, predecessors, agents, employees, attorneys, and any entity in which Defendants of their
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`parents have a controlling interest and their current or former employees, officers, and directors; (2)
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`any Judge or Magistrate presiding over this action and any immediate family members; (3) persons
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`who properly execute and file a timely request for exclusion from the Class; and (4) Plaintiffs’ counsel
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`and Defendants’ counsel.
`38.
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`Defendants’ conduct violated the privacy rights of thousands, if not millions, of Class
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`members, including Plaintiffs, without consent.
`39.
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`The members of the Class are so numerous that joinder of all members is
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`impracticable. The disposition of their claims in a class action will provide substantial benefits to the
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`parties and the Court.
`40.
`
`There is a well-defined community of interest in the questions of law and fact involved
`
`in this case. Questions of law and fact common to the members of the Class which predominate over
`
`questions which may affect individual Class members include:
`
`CLASS ACTION COMPLAINT - 10
`CASE NO.
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`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`Case 2:21-cv-00750 Document 1 Filed 06/07/21 Page 11 of 20
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`a. Whether Alexa Devices operating Alexa record, monitor, intercept, or store voice
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`recordings of persons who interact with them.
`b. Whether registered or unregistered Alexa users who use Alexa Devices in their home
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`or locations where they otherwise would have an expectation of privacy, have an
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`objectively reasonable expectation of confidentiality.
`c. Whether Defendants obtained consent to record, monitor, intercept, or store voice
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`recordings of registered or unregistered users of Alexa Devices.
`d. Whether Defendants’ conduct violates the laws of the states of California, Florida,
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`New Hampshire, and the Commonwealth of Massachusetts, as alleged below.
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`41.
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`Plaintiffs’ claims are typical of those of the Class because Plaintiffs and the Class were
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`harmed by Defendants’ wrongful conduct in violation of the applicable state statutes. Plaintiffs’ and
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`Class members’ privacy were invaded by Defendants’ uniform wrongful conduct.
`42.
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`Plaintiffs will adequately protect the Class’s interests. Plaintiffs have retained counsel
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`competent and experience in complex litigation and class actions, including litigations to remedy
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`privacy violations. Plaintiffs have no interest that is antagonistic to the interests of the Class, and
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`Defendants have no defenses unique to any Plaintiff. Plaintiffs and their counsel are committed to
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`vigorously prosecuting this action on behalf of the members of the Class, and they have the resources
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`to do so. Neither Plaintiffs nor their counsel have any interest adverse to the interests of the other
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`members of the Class.
`43.
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`A class action is superior to other available methods for the fair and efficient
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`adjudication of this controversy.
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`TOLLING, CONCEALMENT, AND ESTOPPEL
`
`44.
`
`The applicable statutes of limitation have been tolled as a result of Amazon’s knowing
`
`and active concealment and denial of the facts alleged herein, namely its practice of recording,
`
`intercepting, monitoring, and permanently storing individual’s private conversations without their
`
`consent.
`45.
`
`Plaintiffs and Class Members could not, with due diligence, have discovered the full
`
`CLASS ACTION COMPLAINT - 11
`CASE NO.
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`
`
`
`
`
`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`

`

`Case 2:21-cv-00750 Document 1 Filed 06/07/21 Page 12 of 20
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`scope of Amazon’s conduct, due in no small part to Amazon’s efforts to conceal such conduct. All
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`applicable statutes of limitation also have been tolled by operation of the discovery rule. Under the
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`circumstances, Amazon was under a duty to disclose the nature and significance of their practice of
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`recording, intercepting, monitoring, and permanently storing confidential communications, but did
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`not do so. Defendants are therefore estopped from relying on any statute of limitations.
`46.
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`Amazon’s fraudulent concealment and omissions are common to Plaintiffs and all
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`Class members.
`
`
`CLAIMS FOR RELIEF
`
`FIRST CLAIM FOR RELIEF
`Violation of the California Invasion of Privacy Act (“CIPA”),
`Cal. Penal Code § 630, et seq.
`(On Behalf of Plaintiff Garner and the California Subclass)
`
`Plaintiff incorporates by reference the foregoing allegations as if fully set forth herein
`
`The California Legislature enacted CIPA finding that “advances in science and
`
`47.
`48.
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`technology have led to the development of new devices and techniques for the purpose of
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`eavesdropping upon private communications and that the invasion of privacy resulting from the
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`continual and increasing use of such devices and techniques has created a serious threat to the free
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`exercise of personal liberties and cannot be tolerated in a free and civilized society.” § 630. Thus,
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`the intent behind CIPA is “to protect the right of privacy of the people of this state.” Id.
`49.
`
`Cal. Penal Code §632 prohibits recording of any confidential communication,
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`including those occurring among the parties in the presence of one another or by means of a telephone,
`
`telegraph or other device, through the use of an electronic amplifying or recording device without the
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`consent of all parties to the communication.
`50. When Plaintiff and Class members used Alexa Devices or otherwise had their
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`communications recorded, stored, intercepted, or monitored by an Alexa Device, Amazon recorded
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`their communications, transmitted them to cloud servers, and retained copies of them, in violation of
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`Cal. Penal Code § 632(a) and (b), which prohibits any “corporation” from intentionally using a
`
`CLASS ACTION COMPLAINT - 12
`CASE NO.
`
`
`
`
`
`
`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
`
`

`

`Case 2:21-cv-00750 Document 1 Filed 06/07/21 Page 13 of 20
`
`
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`“recording device to eavesdrop upon or record” any “confidential communication” without the
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`“consent of all parties” to the confidential communication.
`51.
`
`Plaintiff and Class members allege that Amazon through the use of Alexa,
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`intentionally recorded the private conversations of individuals, because it had the knowledge, to a
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`substantial certainty, that the use of the Alexa Device will result in the recordation of a confidential
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`conversation.
`52.
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`Indeed, Amazon failure to rectify and destroy the audio recordings of millions of
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`individuals further demonstrates Amazon’s intent to permanently store said confidential
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`communications, and to continue its practice of eavesdropping and recording individuals’
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`conversations.
`53.
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`Plaintiff and Class Members never consented to Amazon’s recording of their
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`conversations.
`54.
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` Plaintiff and Class Members had a reasonable expectation of privacy in their
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`confidential communications.
`55.
`
`Plaintiff and Class members seek statutory damages in accordance with § 637.2(a),
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`which provides for the greater of: (1) $5,000 per violation; or (2) three times the amount of damages
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`sustained by Plaintiff and the Class in an amount to be proven at trial, as well as injunctive or other
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`equitable relief.
`56.
`
`Plaintiff and Class members have also suffered irreparable injury from these
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`unauthorized acts of disclosure, their persona, private, and sensitive health information have been
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`collected, viewed, accessed, stored, and used by Defendants, and have not been destroyed, and due
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`to the continuing threat of such injury, have no adequate remedy at law, entitled Plaintiff to injunctive
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`relief.
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`57.
`
`Plaintiff, individually and on behalf of the members of the Class, bring this claim
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`within two years of the alleged misconduct that occurred by Amazon, as set forth herein.
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`
`
`CLASS ACTION COMPLAINT - 13
`CASE NO.
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`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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