Did an Illinois McDonald’s AI-Voiced Order Taker Break the Law?
If you thought the hullabaloo regarding Facebook and the class-action lawsuit was something else, wait until you hear about this one.
THIS ISN'T A FACEBOOK LAWSUIT YET
While Facebook is getting ready to pay out $600M to settle that massive suit, this one may just be getting started.
Not sure how much you know about this, but apparently, McDonald's has started to use AI-voiced drive-thru order takers at some of their restaurants.
I don't think it's in Rockford but there is some AI at McDonald's in the Chicago area. How do I know this? Because McDonald's is accused of breaking the Biometric Information Privacy Act (BIPA).
According to Odin Law:
BIPA requires the informed consent of the collection of biometric data prior to collection, prohibits companies from profiting from biometric data, permits only a limited right to disclose the data, mandates protection obligations and retention guidelines, and creates a private right of action for any individuals harmed by violators of BIPA.
DID MCDONALD'S BREAK THE LAW?
So while it seems Facebook was caught redhanded, we're not so sure it's the same with McDonald's.
A proposed $5 million class action alleges that fast foodery Mcdonald's is breaking Illinois biometric privacy law by using voice recognition software to store drive-through customers’ utterances without their express consent.
Apparently, McDonald's is using AI to help "identify repeat customers to customize orders and upsells." The lawsuit stems from Shannon Carpenter, a McDonald's customer in the Chicago suburb of Lombard.
According to The Takeout, when Carpenter ordered using the AI drive-thru it took a voiceprint without his permission.
WE'RE PRETTY SURE MCDONALD'S DIDN'T BREAK THE LAW
While the BIPA Facebook lawsuit was a slam dunk, this McDonald's case is like a full-court heave.
Looks like others agree, Attorney Mary Smigelski, the Chicago Partner and Co-Chair of BIPA according to lewisbrisbois.com "expressed skepticism, explaining that many cases involving voice recognition technology have not advanced to the discovery stage."
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