Venkat Balasubramani writes about the appellate opinion in Tice v. Amazon, No. 20-55432 (9th Cir. Feb. 19, 2021):
Lawsuits over voice-activated assistants (and other smart home devices) are interesting. Plaintiffs have been creative about who asserts the claims to navigate around the issue that often sinks class actions: arbitration. This has resulted in claims brought by neighbors, spouses, and minors. This particular lawsuit is by a spouse (Hayley Tice).
Tice acknowledged that she used Amazon (i.e., to make purchases), but her husband purchased the device. She claimed that while she agreed to Amazon’s general terms of service, “she never agreed to the terms of the Alexa TOU.”
Read more about the case and the opinion on Technology & Marketing Law Blog.
Venkat and Eric have a number of posts dealing with interesting issues and cases involving recordings by people who did not consent to be recorded. You can read them on the blog.