By Jennifer Ruehr (August 28, 2026)
On Aug. 13, the U.S. District Court for the Northern District of California allowed significant portions of the proposed class action in In re: Otter.ai Privacy Litigation to proceed.
The suit, first filed in August 2025, challenges Otter.ai Inc.'s transcription and AI notetaking services. The plaintiffs allege that the company's meeting assistant joined virtual meetings, recorded and transcribed conversations in real time, collected voice-related information, retained meeting content, and used that information to improve its products and machine-learning systems.
Key Rulings From the Otter.ai Order
The ruling addressed several important privacy and communications-law issues, and reflects a common theme across claims involving standing, the Electronic Communications Privacy Act, the California Invasion of Privacy Act and the Illinois Biometric Information Privacy Act: When a vendor captures, retains or uses conversation content or voice-related data for its own business purposes, an AI transcription tool may look less like a passive service provider and more like an independent actor raising privacy, wiretap, and biometric risks.
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Hintze Law PLLC is a Chambers-ranked and Legal 500-recognized, boutique law firm that provides counseling exclusively on data protection including AI, privacy, and data security. Hintze attorneys and data consultants support technology, advertising, media, fintech, health, biotech, ecommerce, and mobile industries.
Jennifer Ruehr is Co-Managing Partner at Hintze Law PLLC and co-chair of the firm’s Workplace Privacy Group, Cybersecurity and Breach Response Group, and the Artificial Intelligence and Machine Learning Group. Jennifer advises a diverse range of clients, including leading technology, automotive, airline, telecommunication, publishing, and media companies to innovative start-ups. She provides business-focused, actionable legal advice on privacy program development, AI risk management, and complex data agreements.