Domino’s Illegally Captures Illinois Customers’ Voiceprints During Calls, Class Action Says

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A proposed class action alleges that when customers call certain Domino’s Pizza locations in Illinois to place an order, the company illegally captures, stores and uses their voiceprints.

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The 27-page lawsuit says that at least 57 Domino’s locations throughout the state use AI-assisted voice technology developed by co-defendant ConverseNow Technologies, Inc. to take customer orders over the phone. However, in violation of the Illinois Biometric Information Privacy Act (BIPA), the voice AI technology collects customers’ unique voiceprints without their knowledge or consent, the case claims.

Enacted in 2008, the BIPA is a state law designed to regulate companies’ use of residents’ biometric data, which includes retina or iris scans, fingerprints, voiceprints and scans of hand or face geometry, the complaint explains.

The filing says that under the BIPA, a company must inform consumers in writing that it intends to collect their biometric data and obtain their written consent before capturing such information. The plaintiffs, three Illinois residents who have interacted with ConverseNow’s virtual ordering assistant when they called certain Domino’s locations, claim the defendants made no mention of their biometric data collection practices and never asked for permission to capture the consumers’ voiceprints.

The lawsuit also contends that the companies illegally failed to secure consent from Illinois residents before using their voiceprints to analyze their speech signals, improve the accuracy of ConverseNow’s voice AI technology, identify specific customers and facilitate reordering and upselling.

According to the suit, the defendants have failed to comply with the BIPA’s requirement that companies inform consumers in writing of the specific purpose and length of term for which their biometric data is being collected, stored and used.

Finally, the case says Domino’s and ConverseNow were required under the BIPA to publish publicly available written policies regarding the retention or permanent destruction of consumers’ biometric identifiers or biometric information.

The complaint adds it’s “likely that [the defendants] are retaining [the plaintiffs’] and other class members’ biometric identifiers and/or biometric information beyond the time limits set by BIPA,” which is when the initial purpose for collecting their voiceprints has been satisfied or within three years of their last interaction with the companies, whichever occurs first.

The lawsuit looks to represent anyone who had their voiceprints, biometric identifiers, and/or biometric information collected, captured, otherwise obtained, used, and/or stored by the defendants when making a telephone order at a Domino’s location in Illinois during the applicable statute of limitations period.

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