in Newswire Published on October 28, 2022

Trans Union Analyzes Callers' Voices Without Consent, Class Action Claims

Dillon v. Trans Union, LLC

Filed: October 26, 2022 ◆§ 3:22-cv-01662-TWR-BGS

A class action claims that Trans Union has violated a California privacy law by recording and examining callers' voice prints without proper authorization.

Defendant(s)

Trans Union LLC

Law(s)

California Invasion of Privacy Act

State(s)

California

Categories

Privacy

A proposed class action claims that Trans Union, LLC has violated a California privacy law by recording and examining callers' voice prints without proper authorization.

The 12-page lawsuit alleges that Trans Union, one of the "Big Three" consumer reporting agencies, has not secured the proper permission from callers before using biometric voice recognition software to verify their identities and scrutinize the honesty of their statements.

Per the complaint, Trans Union has run afoul of the California Invasion of Privacy Act, a state law that requires people and entities to secure express written consent before using a system to examine or record a person's voiceprint or voice stress patterns to determine "the truth or falsity of statements made by such person."

The case argues that Trans Union's system creates a unique "voice print" for each caller by analyzing the recording of their initial phone call to the company.

"Creating a voice print requires extracting an individual's phonetic features (including their unique speech patterns, tones, and other characteristics) from their voice. As such, a voice print serves as an audible 'fingerprint' which can directly identify an individual and can even reveal the speaker's behavioral traits."

According to the case, Trans Union stores each voice print in a comprehensive database, which it references to authenticate a caller's identity during each subsequent call. Additionally, Trans Union examines callers' speech patterns to detect "audible indications of lying," such as repeating words or phrases, an unusual rise or fall in vocal tone, and not using personal pronouns, the suit says. The case alleges that under California law, this system, like a polygraph test, can only be used with a subject's express written consent.

The lawsuit looks to over anyone in California who had their voice print or other voice stress patterns examined or recorded by Trans Union, LLC to determine the truth or falsity of their statements.

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