Federal Judge Dismisses Google Privacy Claims Over AI Call Recordings

A federal judge in San Francisco has thrown out claims that Google illegally recorded customer‑service calls and used the audio to train its artificial‑intelligence systems. The decision, issued on October 23, 2026, affects three plaintiffs who alleged violations of the California Invasion of Privacy Act.

The lawsuit centered on calls to companies such as Home Depot and Discover that were routed through Google Cloud Customer Center AI. Callers were not told that Google was providing the virtual agent, and the AI continued listening even after a human agent took over.

Why the Claims Were Dismissed

Judge Rita F. Lin found that two of the plaintiffs, James Fox and Peter Samish, could not show they had not consented to the recordings. Their privacy policy agreements with Home Depot included language allowing Google access to call recordings, which the judge said satisfied consent requirements.

For the third plaintiff, Christopher Barulich, the judge acknowledged a lack of consent because he was not a Home Depot account holder and had no evidence of agreeing to the policy. However, the judge also said Barulich failed to allege that Google intended to record the calls without consent, a necessary element under the California law.

Arbitration for Other Plaintiffs

In a related ruling, Judge Lin ordered three additional plaintiffs—Paolo Roméo Samaco, Chelsea Marquez, and India Price—to pursue their claims through arbitration, citing existing arbitration agreements with Verizon, Uber, and Discover.

What This Means for Consumers

Consumers who use services that employ Google’s AI call‑handling should review the privacy policies of the companies they deal with. If a policy states that call recordings may be shared with service providers, that may be considered consent under California law. Those who believe they were recorded without proper notice may still amend their complaints, but they must provide specific facts showing Google acted without consent.

When to Seek Legal Help

If you think your call was recorded in violation of privacy laws, a lawyer can help assess whether the privacy policy you agreed to truly covers the AI recording and whether you have sufficient factual allegations to survive a motion to dismiss.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 23, 2026.