Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 1 of 99
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`THE HONORABLE ROBERT S. LASNIK
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`UNITED STATES DISTRICT COURT
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`WESTERN DISTRICT OF WASHINGTON
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`AT SEATTLE
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`KAELI GARNER, et al.,
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`Plaintiffs,
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`vs.
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`AMAZON.COM, INC., et al.,
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`Defendants.
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`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
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`No. 2:21-cv-00750-RSL
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`CONSOLIDATED COMPLAINT-CLASS
`ACTION
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`COMPLAINT FOR VIOLATIONS OF THE
`CALIFORNIA, FLORIDA, ILLINOIS,
`MARYLAND, MASSACHUSETTS,
`MICHIGAN, NEW HAMPSHIRE,
`PENNSYLVANIA, AND WASHINGTON
`WIRETAPPING STATUTES; THE
`WASHINGTON CONSUMER
`PROTECTION ACT; THE FEDERAL
`WIRETAP ACT; AND THE STORED
`COMMUNICATIONS ACT
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`
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`DEMAND FOR JURY TRIAL
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`
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`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`

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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 2 of 99
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`I.
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`INTRODUCTION
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`This class action lawsuit arises out of Amazon’s practice of using smart-speaker
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`technology (“Alexa”) to surreptitiously: (a) intercept; (b) eavesdrop; (c) record; (d) disclose; or
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`(e) use millions of Americans’ voices and communications, all without their knowledge or consent.
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`Such conduct blatantly violates Washington’s wiretapping law, which applies nationwide to
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`Plaintiffs and all members of the Class. The conduct also violates the laws of Florida, New
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`Hampshire, Massachusetts, California, Maryland, Pennsylvania, Illinois, and Michigan
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`(collectively, with Washington, “State Wiretapping laws”) – all of which prohibit either the
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`interception, eavesdropping, recording, disclosure, or use of communications without the consent
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`of all parties to the communications. Defendants here, Amazon.com, Inc. and Amazon.com
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`Services LLC (collectively, “Amazon” or “Defendants”), are therefore liable as a result of their
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`egregious violations of the State Wiretapping laws – and are also liable for their violations of the
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`Washington Consumer Protection Act (“CPA”), the Electronic Communications Privacy Act of
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`1986 (“Federal Wiretap Act”), and the Stored Communications Act of 1986 (“SCA”). Plaintiffs
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`Kaeli Garner, Mark Fladd, Stephanie Fladd, Jodi Brust, John Dannelly, Diane McNealy, Michael
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`McNealy, Lisa Hovasse, Sandra Mirabile, Ricky Babani, Susan Lenehan, Jeffrey Hoyt, Lorlie
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`Tesoriero, James Robinson, Rosa Comacho, Eric Dlugoss, Julie Dlugoss, Ronald Johnson, Selena
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`Johnson, Caron Watkins, and Kelly Miller (collectively, “Plaintiffs”) bring this action individually,
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`and on behalf of a Class of similarly situated individuals (defined below), to redress those
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`violations of law.
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`The State Wiretapping laws are united in the prohibition of Amazon’s conduct
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`alleged herein.
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`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
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`
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`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`- 1 -
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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 3 of 99
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`State
`Washington
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`Conduct Prohibited
`Interception or Recording
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`Statute
`Wash. Rev. Code §9.73.030
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`Florida
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`New Hampshire
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`Massachusetts
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`California
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`California
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`Maryland
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`Pennsylvania
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`Illinois
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`Interception or Disclosure or
`Use; or
`“Endeavors” to Intercept or
`Disclose or Use
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`Interception or Disclosure or
`Use; or
`“Endeavors” to Intercept or
`Disclose or Use
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`Interception or Disclosure or
`Use; or
`“Attempts” to Intercept or
`Disclose or Use
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`“Tap[ping]” or Reading or
`Use; or
`“Attempts” to Read or Use
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`Fla. Stat. §934.03
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`N.H. Rev. Stat. §570-A:2
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`Mass. Gen. Laws ch. 272,
`§99
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`Cal. Penal Code §631
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`Eavesdropping or Recording Cal. Penal Code §632
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`Interception or Disclosure or
`Use; or
`“Endeavor[s]” to Intercept or
`Disclose or Use
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`Interception or Disclosure or
`Use; or
`“Endeavors” to Intercept or
`Disclose or Use
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`Overhearing or Transmitting
`or Recording or Interception
`or Use or Disclosure
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`Md. Code Ann., Cts. & Jud.
`Proc. §10-402
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`18 Pa. Cons. Stat. §5703
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`720 Ill. Comp. Stat. §5/14-2
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`Michigan
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`Eavesdropping
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`Mich. Comp. Laws
`§750.539c
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`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
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`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`- 2 -
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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 4 of 99
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`Amazon utilized Alexa technology to willfully and intentionally intercept and
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`eavesdrop upon the confidential conversations of Plaintiffs and the Class. Amazon then recorded
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`those conversations, permanently storing them in the process. Shockingly, Amazon then disclosed
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`those conversations to third parties, including third-party contractors. Amazon did all this to use
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`those conversations for its own financial benefit, including to provide personalized ads for
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`consumers. Plaintiffs thereby bring this action on behalf of both registered users and unregistered
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`persons, who never consented to any interception, recording, disclosure, or use of their
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`communications.1
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`Alexa is an omnipresent feature in Amazon’s products. In addition to Amazon
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`products utilizing Alexa – such as Echo Dot, Echo Plus, Echo Sub, Echo Show, Echo Input, Echo
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`Frames eyeglasses, Amazon Fire TV digital media player, Amazon Fire TV sticks, Amazon Alexa
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`Auto, and Amazon Fire tablets – Amazon has authorized several third-party device manufacturers
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`to offer products that either come with Alexa capability built-in or that are easily integrated with
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`Alexa (collectively, “Alexa Devices”).
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`Millions of Americans use Alexa Devices in their homes. People speak to Alexa
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`about a variety of topics, ranging from prosaic, such as asking Alexa to play music or create a to-
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`do list, to profoundly private, such as asking Alexa about medical conditions. Most people believe
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`that when they speak to an Alexa Device, their voice is temporarily processed so that Alexa can
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`generate a response or carry out the user’s command. No one expects that Alexa is creating
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`permanent recordings of their voices for Amazon to use for its own commercial gain. Worse,
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`Amazon records and permanently stores these recordings regardless of whether someone was
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`intentionally or unintentionally talking to an Alexa Device.
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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 human commands in a simulated voice. While an Alexa Device
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`“Registered users” refers to Alexa Device users who set up the Alexa Device through the use of their Alexa App,
`as outlined below. “Unregistered persons” refers to people who did not set up the Alexa Device, nor registered it.
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`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
`
`
`
`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
`
`- 3 -
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`

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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 5 of 99
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`is “always on,”2 it is only supposed to respond to commands after an individual says a “wake”
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`word, which is usually “Alexa” or “Echo.” Once the Alexa Device recognizes the wake word,
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`it then records the ensuing communication. Because Alexa Devices were created to capture voices
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`“from anywhere in the room,”3 they record anything spoken in its vicinity. The Alexa Device
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`then transmits that recording to Amazon’s servers for interpretation and processing before
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`receiving the relevant data back in response. Amazon then permanently stores a copy of that
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`recording on its own servers for later use and commercial benefit, warehousing billions of private
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`conversations in the process.4 This practice becomes all the more sinister when one considers the
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`widespread proliferation of Alexa Devices, which underscores the magnitude of information Alexa
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`is impermissibly capturing and storing.
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`Critically, Alexa does not discriminate between registered users and non-registered
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`persons for recording purposes. It simply records voices – all of them. This means Alexa routinely
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`captures unintentional communications without the knowledge or consent of the individuals
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`speaking. This is true regardless of whether someone is talking directly to Alexa, to another
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`person, or even to themselves. Anyone within the vicinity of an Alexa Device will have their voice
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`recorded.
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`In light of Alexa’s eavesdropping capabilities, it is unsurprising that Alexa Devices
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`capture a host of extremely personal and private conversations, including conversations about
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`one’s family, medical conditions, religious beliefs, political affiliations, confidential professional
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`communications, and other personal or private matters. Tellingly, former Amazon executive
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`2
`Introducing Amazon Echo, YOUTUBE
`Smart Home,
`watch?v=CYtb8RRj5r4.
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`Id. (discussing Alexa’s use of “far field technology”).
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`(Aug. 5, 2016), https://www.youtube.com/
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`4 Geoffrey A. Fowler, Alexa has been eavesdropping on you this whole time, WASH. POST (May 6, 2019),
`see
`https://www.washingtonpost.com/technology/2019/05/06/alexa-has-been-eavesdropping-you-this-whole-time/;
`also Ry Crist, Amazon and Google are listening to your voice recordings. Here’s what we know about that, CNET
`2019),
`(July
`13,
`https://www.cnet.com/home/smart-home/amazon-and-google-are-listening-to-your-voice-
`recordings-heres-what-we-know/ (discussing how Amazon stated that it if you make a purchase via Alexa, it may be
`used to “provide personalized ads”).
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`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
`
`
`
`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`- 4 -
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`

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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 6 of 99
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`Robert Frederick admitted that he turns off his Alexa Device when he wants to have a “private
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`moment.”5
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`Despite Alexa’s built in listening and recording functionalities, Amazon failed to
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`disclose that it makes, stores, analyzes, and uses recordings of these interactions. Amazon further
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`failed to disclose that it uses human and artificial intelligence analysts to listen to, interpret, and
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`evaluate these recordings.
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` While Alexa is held out to resemble an ideal servant in a Victorian manor, hovering
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`in the background, waiting patiently to do its master’s bidding, that is merely a façade. In reality,
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`Alexa is more akin to an Orwellian Big Brother informant, surreptitiously collecting personal,
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`private, and confidential conversations to bring back to its true master, Amazon – which then uses
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`the unauthorized and unlawfully obtained information for self-serving purposes.
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`Plaintiffs bring this Consolidated Class Action Complaint against Defendants to
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`obtain redress for all persons in the United States or its Territories who have used Alexa on any
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`Alexa Device, or had their communications monitored, recorded, intercepted, used, or disclosed
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`by or through an Alexa Device – irrespective of whether they were registered users or unregistered
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`persons – and have therefore been wiretapped by Amazon without consent. Plaintiffs allege as
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`follows as to themselves, upon personal knowledge of their own acts and experiences, and as to
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`all other matters, upon information and belief, including investigation conducted by their
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`undersigned attorneys:
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`II.
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`PARTIES
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`Plaintiff Kaeli Garner is a natural person and citizen of California and resides in
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`San Diego, California. Plaintiff lives in a household with an Alexa Device registered to someone
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`else.
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`5 Amazon’s Alexa saves private conversations without being summoned, 9NEWS (Feb. 21, 2020),
`https://www.9news.com.au/technology/amazon-alexa-smart-speaker-stores-private-conversations-google-home-
`apple-homepod/4107916e-5e34-4e22-806a-1255a3bb213f.
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`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
`
`
`
`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`- 5 -
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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 7 of 99
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`Plaintiff Mark Fladd is a natural person and citizen of California and resides in
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`Corona, California. Plaintiff lives in a household with an Alexa Device registered by himself.
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`Plaintiff Stephanie Fladd is a natural person and citizen of California and resides in
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`Corona, California. Plaintiff lives in a household with an Alexa Device registered by someone
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`else.
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`Plaintiff Jodi Brust is a natural person and citizen of California and resides in
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`Kelseyville, California. Plaintiff lives in a household with an Alexa Device registered by herself.
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`Plaintiff John Dannelly is a natural person and citizen of Colorado and resides in
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`Colorado Springs, Colorado. Plaintiff lives in a household with an Alexa Device registered by
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`himself.
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`Plaintiff Diane McNealy is a natural person and citizen of New Hampshire and
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`resides in Londonderry, New Hampshire. Plaintiff lives in a household with an Alexa Device
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`registered by herself.
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`Plaintiff Michael McNealy is a natural person and citizen of New Hampshire and
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`resides in Londonderry, New Hampshire. Plaintiff lives in a household with an Alexa Device
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`registered by someone else.
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`Plaintiff Lisa Hovasse is a natural person and citizen of Massachusetts and resides
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`in Burlington, Massachusetts. Plaintiff lives in a household with an Alexa Device registered by
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`herself.
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`Plaintiff Sandra Mirabile is a natural person and citizen of Florida and resides in
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`Bonita Springs, Florida. Plaintiff lives in a household with an Alexa Device registered by herself.
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`Plaintiff Ricky Babani is a natural person and citizen of Florida and resides in Lake
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`Mary, Florida. Plaintiff lives in a household with an Alexa Device registered by someone else.
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`Plaintiff Susan Lenehan is a natural person and citizen of Florida and resides in St.
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`Augustine, Florida. Plaintiff lives in a household with an Alexa Device registered by herself.
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`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
`
`
`
`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`- 6 -
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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 8 of 99
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`Plaintiff Jeffrey Hoyt is a natural person and citizen of Washington and resides in
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`Kirkland, Washington. Plaintiff lives in a household with an Alexa Device registered by himself.
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`Plaintiff Lorlie Tesoriero is a natural person and citizen of Washington and resides
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`in Kirkland, Washington. Plaintiff lives in a household with an Alexa Device registered by
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`someone else.
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`Plaintiff James Robinson is a natural person and citizen of Illinois and resides in
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`Morris, Illinois. Plaintiff lives in a household with an Alexa Device registered by himself.
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`Plaintiff Rosa Comacho is a natural person and citizen of Illinois and resides in
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`Morris, Illinois. Plaintiff lives in a household with an Alexa Device registered by someone else.
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`Plaintiff Eric Dlugoss is a natural person and citizen of Michigan and resides in
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`Holly, Michigan. Plaintiff lives in a household with an Alexa Device registered by himself.
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`Plaintiff Julie Dlugoss is a natural person and citizen of Michigan and resides in
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`Holly, Michigan. Plaintiff lives in a household with an Alexa Device registered by someone else.
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`Plaintiff Ronald Johnson is a natural person and citizen of Pennsylvania and resides
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`in Oil City, Pennsylvania. Plaintiff lives in a household with an Alexa Device registered by
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`himself.
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`Plaintiff Selena Johnson is a natural person and citizen of Pennsylvania and resides
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`in Oil City, Pennsylvania. Plaintiff lives in a household with an Alexa Device registered by
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`someone else.
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`Plaintiff Caron Watkins is a natural person and citizen of Maryland and resides in
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`Baltimore, Maryland. Plaintiff lives in a household with an Alexa Device registered by someone
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`else.
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`Plaintiff Kelly Miller is natural person and citizen of Maryland and resides in
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`Brunswick, Maryland. Plaintiff lives in a household with an Alexa Device registered by herself.
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`Defendant Amazon.com, Inc. is a Delaware corporation with its headquarters and
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`principal place of business located at 410 Terry Avenue North, Seattle, Washington 98109.
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`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
`
`
`
`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
`
`- 7 -
`
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`

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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 9 of 99
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`Defendant Amazon.com Services LLC, is a Washington limited liability company
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`with its headquarters and principal place of business located at 410 Terry Avenue North, Seattle,
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`Washington 98109.
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`III.
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`JURISDICTION AND VENUE
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`This Court has subject-matter jurisdiction over this dispute under 28 U.S.C.
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`§1332(d) because the amount in controversy exceeds $5,000,000, exclusive of interest and costs,
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`there are at least 100 class members, and at least one member of the class is a citizen of a different
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`state than at least one Defendant.
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`This Court has personal jurisdiction over Defendants because a substantial part of
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`the harm, events, and conduct giving rise to Plaintiffs’ claims occurred in Washington, and
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`Defendants are headquartered in Washington.
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`Venue is proper in this Court under 28 U.S.C. §1391 because Defendants are
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`headquartered in this District, and because a substantial part of the events and conduct giving rise
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`to Plaintiffs’ claims took place in this District.
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`IV.
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`FACTUAL ALLEGATIONS
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` Amazon is a leviathan in the technology and e-commerce world, with net sales in
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`2020 exceeding $386 billion.6 Amazon’s main sources of revenue are retail sales, third-party seller
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`services, subscription services, and Amazon Web Services (“AWS”) arrangements that include
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`“global sales of compute, storage, database, and other services.”7 According to some reports,
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`approximately 42% of the Internet is powered by AWS – more than double that of companies like
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`Microsoft and Google.8
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`6 Amazon, Inc. Form 10-K for Fiscal Year Ended December 31, 2020, https://d18rn0p25nwr6d.cloudfront.net/CIK-
`0001018724/336d8745-ea82-40a5-9acc-1a89df23d0f3.pdf.
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`Id.
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`8 Matt Ward, Amazon Eats the World, BETTER MARKETING (Jan. 29, 2018), https://thinkgrowth.org/the-big-4-part-
`one-amazon-the-company-that-consumes-the-world-fb4679f10708.
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`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
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`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 10 of 99
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`Amazon also develops technology products, including Alexa, which Amazon
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`describes as its “voice AI” that “lives in the cloud and is happy to help anywhere there’s internet
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`access and a device that can connect to Alexa.”9
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`A2Z Development Center, LLC10 began designing and engineering the Echo “smart
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`speaker” in 2010, and Alexa was introduced to the world in 2014 when that product was launched.
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`Today, Amazon’s use of Alexa is ubiquitous, as the “cloud-based voice service [is]
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`available on hundreds of millions of devices from Amazon and
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`third-party device
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`manufacturers,”11 including residential thermostats, computers, and security cameras. Indeed, as
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`of January 2019, Amazon reported that over 100 million devices with Amazon’s Alexa assistant
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`pre-installed had been sold.12 By 2020, the number doubled to over 200 million,13 and sales
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`continue to grow.
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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 (“Alexa App”) installed on a smartphone, tablet, or other device.
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`To first use the Alexa App, an individual must have an account with Amazon.
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`The individual must then follow the set-up process on the Alexa Device, which indicates that
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`one must pair the Alexa Device with the Alexa App. After the person has paired the Alexa Device
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`to the Alexa App, the Alexa Device is ready for use by anyone, including people who do not have
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`9 Amazon, FAQs: What is Alexa?, https://www.amazon.com/b?ie=UTF8&node=21576558011 (last visited Sept.
`1, 2021).
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`10 Upon information and belief, A2Z Development Center, LLC is the predecessor to Amazon.com Services LLC,
`a current named Defendant. A2Z Development Center, LLC was a Delaware limited liability company with its
`headquarters and principal place of business located at 1120 Enterprise Way, Sunnyvale, California 94089. A2Z
`Development Center, LLC employed thousands of individuals, many of whom worked on Alexa-enabled devices and
`software at its Sunnyvale headquarters, and was a subsidiary of Amazon.com, Inc.
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`11 Amazon, What is Alexa?, https://developer.amazon.com/en-US/alexa (last visited Sept. 1, 2021).
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`12 Lucas Matney, More than 100 million Alexa devices have been sold, TECHCRUNCH (Jan. 4, 2019),
`https://techcrunch.com/2019/01/04/more-than-100-million-alexa-devices-have-been-sold/.
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`13 Ben Fox Rubin, Amazon sees Alexa devices more than double in just one year, CNET (Jan. 6, 2020),
`https://www.cnet.com/home/smart-home/amazon-sees-alexa-devices-more-than-double-in-just-one-year/.
`
`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
`
`
`
`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`- 9 -
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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 11 of 99
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`an account with Amazon, have not set up the Alexa Device, do not have an Alexa App, and have
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`not consented to being intercepted, recorded, or otherwise wiretapped.
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`Defendants designed the Alexa Devices to record and respond to communications
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`after someone says a wake word – which is usually “Alexa” or “Echo.”14 The wake word must
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`precede any specific command, otherwise, Alexa is supposed to not listen, record, or otherwise
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`respond. Once Alexa recognizes the wake word, it starts recording communications and transmits
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`the recording to Amazon’s servers where “‘algorithms in the server . . . analyze the speech pattern
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`and try to detect and identify the words’” to generate a response.15 The only way to stop an Alexa
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`Device from “listening” is to turn off the device or unplug it. However, because the device is
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`intended to be “hands free” and on “standby” to receive commands and provide information,
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`shutting it off entirely removes the product’s function and purpose.
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`A non-registrant person has no ability to ask or request that Amazon delete some
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`or all of the recordings. Even for registered users, a request to delete all recordings does not delete
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`all recordings Amazon keeps or recordings kept and used by third parties with whom Amazon has
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`shared recordings.
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`For years, Amazon represented that users “control Alexa with [their] voice” and
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`that those interactions with Alexa were “stream[ed] . . . to the cloud” and were used to “respond
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`to [a user’s] requests” and “improve [Alexa’s] services.”16 Unbeknownst to users, however, every
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`interaction between any user and Alexa is recorded and sent to Amazon where it is permanently
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`stored and reviewed by Amazon, its employees, and third parties.17
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`14 Matt Day, et al., 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.
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`15 Carley Lerner,
`Is Alexa Really Always Listening, READER’S DIGEST
`https://www.rd.com/article/is-alexa-really-always-listening/.
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`(May
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`28,
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`2021),
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`16 Amazon, Alexa Terms of Use (January 1, 2020).
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`17 Day, et al., supra n.14.
`
`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
`
`
`
`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`- 10 -
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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 12 of 99
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`Importantly, Amazon does not need to permanently store these audio recordings for
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`Alexa Devices to function. Alexa Devices could process audio interactions locally on the device
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`and send only a digital query, rather than a voice recording, to Amazon’s servers. Indeed, Amazon
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`developed a “Local Voice Control” feature for Alexa Devices that allows individuals “to fulfill a
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`limited set of requests on select [Alexa] devices when the device is not connected to the
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`internet[.]”18 Amazon could also upload audio recordings to short-term memory in the cloud and
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`immediately overwrite those recordings after processing, much like Alexa constantly overwrites
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`the audio it captures prior to a user saying a wake word. If Amazon did that, it would never possess
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`a permanent recording of any user’s communications.
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` Many similar “smart speaker” devices are less intrusive than Alexa Devices.
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`Apple’s natural-language processing system, “Siri,” records communications in a similar manner
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`to Alexa, and sends those recordings to Apple’s servers.19 However, Apple stores those recordings
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`in an identifiable form for only a short period of time, and then deletes the recordings entirely.20
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`Likewise, Mercedes has developed voice recognition technology that allows drivers to ask their
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`car for directions, and that offers substantial functionality even when the vehicle lacks an Internet
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`connection (and, therefore, the vehicle cannot transmit a recording).21 Amazon does not utilize
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`these less intrusive methods because it is a company that is built on the relentless acquisition of
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`consumer data.
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`18 Amazon, Alexa
`and Alexa Device
`html?nodeId=201602230 (last visited Sept. 1, 2021).
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`FAQs,
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`https://www.amazon.com/gp/help/customer/display.
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`19 Lisa Eadicicco, Amazon workers reportedly listen to what you tell Alexa – here’s how Apple and Google handle
`what you say to their voice assistants, BUSINESS INSIDER (Apr. 15, 2019, https://www.businessinsider.com/how-
`amazon-apple-google-handle-alexa-siri-voice-data-2019-4.
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`20
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`Id.
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`21 Matt Robinson, In-Car Voice Control Still Isn’t Perfect, But I’m Warming To It, CAR THROTTLE (Mar. 2019),
`https://www.carthrottle.com/post/in-car-voice-control-still-isnt-perfect-but-im-warming-to-it/.
`
`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
`
`
`
`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`- 11 -
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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 13 of 99
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`To achieve Amazon’s goal of collecting as much data as possible, Alexa Devices
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`regularly intercept and record communications without consent from the individuals speaking.
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`These surreptitious recordings capture interactions that people never intended for Alexa to hear.
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`One reported example is when Alexa activates – and then begins recording and transmitting
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`communications to the cloud – despite the absence of a wake word.22 For instance, when the wake
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`word is “Echo,” Alexa regularly activates when it hears words containing a vowel plus “k” or “g”
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`sounds.23 Examples include common words and phrases such as “pickle,” “that cool,” “back to,”
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`and “ghost.”24 While a user may customize the wake word, it cannot alter Amazon’s insidious
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`conduct as Alexa will continue to be activated by “false positives” and intercept and record
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`communications without required notice or other consent.
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`In addition, an Alexa Device may activate upon hearing a wake word or “false
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`wake” spoken on television or the radio, and then begin recording.25 This can lead to the
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`interception, recording, and analysis of conversations, speech, and other sounds that are private in
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`nature, despite no one in the house intentionally activating an Alexa Device.
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`Indeed, after conducting an internal investigation and upon information and belief,
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`Alexa Devices intercepted and recorded Plaintiffs’ voices when no one gave a command, when no
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`wake word was mentioned, when no consent was given, and before any indication was provided
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`that the Alexa Devices were activated.
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`For example, Plaintiff Kaeli Garner has lived with her roommate since March 2021.
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`She has never purchased an Alexa Device and is an unregistered person. Her roommate has an
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`Alexa Device in the roommate’s bedroom, and upon review of the recorded conversations,
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`22
`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/.
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`Id.
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`Id.
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`25 Andrew Liptak, Amazon’s Alexa started ordering people dollhouses after hearing its name on TV, THE VERGE
`(Jan. 7, 2017), https://www.theverge.com/2017/1/7/14200210/amazon-alexa-tech-news-anchor-order-dollhouse.
`
`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
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`
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`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 14 of 99
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`Plaintiffs’ counsel was able to find a recording of Ms. Garner’s voice that she did not consent to
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`(June 29, 2021 at 1:25 a.m. recording):
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`Specifically, the above screenshot demonstrates that Amazon continues to store
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`Ms. Garner’s voice recording after it has been recorded, even when Amazon itself understands
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`that the “Audio was not intended for Alexa.” This means that Amazon knows that no wake word
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`was used by the registered user, yet nevertheless continues to record and store Ms. Garner’s voice.
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`The above demonstrates that Amazon has the capability of understanding what
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`recordings were consented to and what recordings were not consented to, yet nevertheless
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`insidiously records and stores all of those recordings.
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`CONSOLIDATED COMPLAINT – CLASS
`ACTION AND DEMAND FOR JURY TRIAL
`No.: 2:21-cv-00750-RSL
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`
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`38TH FLOOR
`1000 SECOND AVENUE
`SEATTLE, WASHINGTON 98104
`(206) 622-2000
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`Case 2:21-cv-00750-RSL Document 22 Filed 09/02/21 Page 15 of 99
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`Plaintiffs’ counsel was also able to locate conversations of the registered user (i.e.,
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`Ms. Garner’s roommate) where the registered user herself had her voice recorded but there was no
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`wake word used.
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`In addition, upon review of Plaintiff Susan Lenehan’s voice recordings, who is a
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`registered user, Plaintiffs’ counsel was able to find a recording of Ms. Lenehan that she did not
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`consent to and where no wake word was used:
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