Microsoft Corp. is being accused in a new class action complaint of unlawfully gathering and analysing audio data from Teams software users without giving the requisite notice under Illinois law in a proposed class action complaint.
Alleging violations of the Illinois Biometric Privacy Act, plaintiffs Alex Basich, Kristin Bondlow, and three others filed a class action lawsuit against Microsoft on February 5 in a federal court in Washington.
The real-time transcribing function of the software, according to the Microsoft class action lawsuit, records speakers’ voices during online meetings and analyses characteristics like pitch, tone, and timbre to determine who said what.
The Illinois citizens contend that Microsoft violated BIPA by failing to notify consumers of how their voice data would be utilised, even though that in and of itself isn’t illegal.
The complaint contends that the business must first notify users of the data’s intended purpose and storage duration in order to lawfully obtain an Illinois user’s voiceprint. According to the plaintiff, a user would then have to give a signed release consenting to the collecting.
Microsoft allegedly neglected to disclose the collection of voice data, according to the lawsuit.
The lawsuit claims that the problem started in 2021 when Microsoft Teams introduced an automated transcription capability. The plaintiffs claim that the feature depended on a method known as diarisation, which distinguishes voices according to their distinguishing traits and generates “individual speaker profiles in the form of voiceprints”.
The Microsoft class action claims that “Microsoft failed to disclose to Teams meeting attendees that their voiceprints and other biometrics were being collected during Microsoft Teams meetings.”
“Microsoft also failed to give meeting attendees a schedule outlining the duration of time that those biometrics would be collected, stored, used, and destroyed, as well as to disclose to them the precise reason for the collection or storage of their biometrics.”
The plaintiffs want to represent a group of Microsoft Teams users whose biometric data was recorded by Microsoft’s transcription tool between March 1, 2021, and their residence in Illinois.
The class action lawsuit against Microsoft Teams seeks $1,000 for each negligent violation or actual damages, whichever is higher. Intentional or careless BIPA violations might result in damages of up to $5,000 each.
Claims that OpenAI and Microsoft, a major investor, trained the artificial intelligence program ChatGPT using journalistic and other copyrighted works are currently combined in a federal multidistrict lawsuit.
Brian Levin and Nicholas Miranda of Levin Law P.A., Jonathan D. Waisnor and James M. Fee of Labaton Keller Sucharow LLP, and Bradley S. Keller and Jofrey M. McWilliam of Byrnes Keller Cromwell LLP are the plaintiffs’ attorneys.
More details about the specifics of the lawsuit are that five residents of Illinois filed the lawsuit. Where the venue was, the federal court in Washington received the case (Case No. 2:26-cv-00422). The potential damages were the BIPA permits statutory damages of $1,000 for careless violations and $5,000 for wilful or reckless violations; if Microsoft is found responsible, it may be subject to severe fines.
In its own privacy statement, Microsoft asserts that it only gathers diagnostic data to operate and enhance the product and does not utilise personal information for marketing or tracking. Microsoft’s legal website usually provides updates on this and other consumer class action settlements.
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