San Francisco, California — Otter, a widely-used AI transcription service, faces a federal lawsuit claiming it recorded conversations without the necessary consent from participants. The lawsuit alleges that Otter “recorded, accessed, read, learned, and utilized” the content of users’ conversations, specifically to enhance its machine learning capabilities.
Filed in the U.S. District Court for the Northern District of California, the complaint targets Otter Notetaker, a product that transcribes meetings on platforms like Google Meet, Zoom, and Microsoft Teams. The lawsuit claims that Otter captured audio not only from users of its service but also from those attending meetings who do not subscribe. According to the suit, Otter failed to disclose its recording activities, which violates both federal and California privacy laws, including the Electronic Communications Privacy Act and the California Invasion of Privacy Act. The plaintiff seeks class-action status.
Justin Brewer, the individual behind the lawsuit, participated in a Zoom meeting in February 2025, during which Otter Notetaker was employed for transcription. Brewer asserts he did not give his consent to the recording or transcription, which he claims constitutes a form of “wiretapping” his communications.
Although Otter’s privacy policy states that it de-identifies audio recordings by removing identifiable information, the lawsuit cites research suggesting that de-identification techniques are often ineffective. Additionally, Brewer points to competitive practices, noting that another transcription service, Read.ai, allows any meeting participant to stop recordings, irrespective of their subscription status.
This lawsuit is not the first instance of privacy concerns surrounding Otter. In 2024, the University of Massachusetts banned the use of Otter.ai, asserting that the software violated the state’s all-party consent law. Concerns were also raised when a journalist from Politico highlighted the potential risk of the Chinese government accessing Otter’s transcriptions during an interview with a Uyghur human rights activist.
As of now, Otter has not publicly responded to requests for comments regarding the lawsuit. The situation adds to the ongoing debate over user consent and privacy in the rapidly evolving field of artificial intelligence technologies.
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