Do you have any secrets? Well, we all do. But for some people, they may no longer be private.

Google has agreed to pay $68 million to settle a lawsuit alleging it recorded users’ private conversations without their knowledge through its Google Assistant software.

The proposed settlement, filed in a California federal court, relates to claims that Google Assistant was inadvertently activated on Android devices and recorded conversations that were intended to be private. Plaintiffs allege that these recordings were then used to help deliver targeted advertising.

Google denied any wrongdoing as part of the settlement and said it was seeking to avoid the costs and uncertainty of prolonged litigation. The BBC said it has contacted the company for comment.

How Google Assistant works

Google Assistant is a voice-activated virtual assistant available on many Android smartphones and smart home devices. It is designed to remain in standby mode until it hears a specific “wake word”, most commonly “Hey Google.”

Once activated, the device records the user’s speech and sends the audio to Google’s servers for processing. The assistant can then respond to requests such as providing weather updates, setting reminders, or controlling connected devices like televisions, speakers, and lights.

Google has consistently maintained that it does not send audio to its servers while devices are in standby mode. However, the lawsuit alleged that the system sometimes misinterpreted background sounds or fragments of speech as its activation phrase, causing it to switch on unintentionally.

According to the plaintiffs, this led to the recording of private conversations that users never intended to share with Google or its systems.

Allegations of data use and advertising

The lawsuit further claimed that some of the recordings collected during these accidental activations were shared with advertisers, enabling more precise targeting of ads based on users’ private conversations.

These claims strike at long-standing public concerns about whether voice-activated technology is capable of monitoring users more extensively than companies publicly acknowledge.

While Google denied that it used such recordings for advertising in the way described by the plaintiffs, the settlement allows the company to resolve the case without a trial or an admission of liability.

In a filing seeking court approval, Google said the agreement was intended to avoid litigation rather than concede any fault.

Class action settlement details

The case was brought as a class action, meaning it was filed on behalf of a large group of people rather than a single individual. If approved, the settlement will apply to US users who owned Google devices dating back to May 2016.

US District Judge Beth Labson Freeman must approve the proposed agreement before any payments are made.

Under the terms of the settlement, the $68 million will be distributed among eligible claimants, though the final amount individuals receive may be limited. Lawyers representing the plaintiffs may ask the court for up to one-third of the settlement, around $22 million, to cover legal fees and costs.

Such fee requests are common in class action cases, but often reduce the amount ultimately paid to claimants.

Broader implications for privacy and voice technology

The case highlights broader concerns about privacy and transparency in the use of voice-activated assistants, which have become increasingly common in homes, workplaces, and personal devices.

Smart assistants rely on constant monitoring for wake words, a design that critics argue creates inherent risks of accidental recording. While technology companies say these systems are engineered to minimise such risks, lawsuits like this suggest that public trust remains fragile.

Privacy advocates have warned that even unintentional recordings can expose highly sensitive personal information, particularly if stored, reviewed by humans, or linked to advertising profiles.

Regulators in several countries have increased scrutiny of how tech firms collect, store and process audio data, especially when it involves people who may not realise a device is present or active.

Part of a wider pattern

The Google settlement follows a similar case involving Apple. In January, Apple agreed to pay $95 million to settle a lawsuit alleging that its voice assistant Siri recorded users without their consent.

Apple also denied the allegations, as well as claims that it “recorded, disclosed to third parties, or failed to delete, conversations recorded as the result of a Siri activation” without permission.

Together, the cases suggest growing legal pressure on technology companies over the design and governance of voice-controlled systems.

As smart assistants become more deeply embedded in everyday life, companies may face increasing demands to prove that privacy safeguards work as promised — and that users have meaningful control over when they are being listened to.

Back in November, Google’s slow-moving shift from Google Assistant to Gemini apparently took another step.

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