United States: seven people who say they did not hold Otter accounts say Otter's AI Notetaker recorded and transcribed their Zoom and Teams meetings without their consent, including a medical call and calls with a financial professional, and kept the data to train its models; a federal court let their core privacy claims proceed
Seven people in California, Illinois and Washington state are suing Otter.ai in a consolidated class action in the Northern District of California. Each says another meeting participant used Otter's AI Notetaker on a Zoom or Microsoft Teams call they joined, and that Otter recorded, transcribed and stored their conversation without their consent; six of them date their calls between March 2024 and May 2025. They say they were not Otter account holders. The calls they describe include a medical consultation, meetings with a financial professional and work discussions. They allege that Otter keeps the recordings and uses them to train its speech-recognition models, that it captured voiceprints of the Illinois plaintiffs, and one of them says learning of the recording left him frustrated, embarrassed and stressed. On 13 August 2026 the court found that the alleged interception of private conversations was a concrete injury and let the federal wiretap, California eavesdropping and Illinois biometric claims proceed, while dismissing some claims. Otter's answer to the consolidated complaint, filed on 17 September 2026, says it lacks knowledge of the plaintiffs' experiences and denies the allegations.
- AI system
- Otter Notetaker
- Otter.ai, Inc.
- Occurred
- Mar 2024 to May 2025
- Reported
- 15 August 2025
- Event location
- United States
- What the AI did
- Made a claim about the person
- Reported harm
- Other Material HarmPsychological Distress
- Whose AI use
- Someone else’s AI use
- Setting
- Privacy · Work · Health · Finance
- Evidence
- AI involvement reported · Causal attribution alleged · 6 sources, 3 underlying accounts
- 4 claims: 1 documented, 3 reported. 3 open questions
- People reported harmed
- At least 7 people
AI system as recorded: Otter Notetaker, Otter.ai's AI meeting assistant, joined to Zoom and Microsoft Teams calls by another participant's Otter account
What Happened
The consolidated complaint (5 December 2025) describes each plaintiff's experience. A California plaintiff says he joined a Zoom meeting in California on 24 February 2025 where another participant used Otter Notetaker to transcribe the conversation; he was not an Otter account holder, was not told that Otter itself would obtain and keep his conversation or use it to train its speech-recognition and machine-learning tools, and says he felt frustrated, embarrassed and stressed to learn of it. A second California plaintiff says Otter Notetaker transcribed a Zoom call in March 2025 in which the plaintiff communicated with a medical professional about private medical information. A third says Otter appeared as a co-worker's notetaker on a Microsoft Teams meeting around January 2025 about sensitive work matters. Two Illinois plaintiffs say Otter Notetaker transcribed Zoom meetings on 10 January and 19 May 2025 in which they communicated with a financial professional, and that Otter captured their voiceprints; a third Illinois plaintiff describes work meetings on Zoom within the limitations period, without dates. A Washington plaintiff says Otter recorded a Zoom call about professional opportunities in March 2024. Each says the data remain on Otter's servers. The complaint alleges that an Otter Notetaker can join a meeting without the affirmative consent of any participant when the host has linked a calendar, and that Otter does not ask other participants for consent; NPR reported that Otter's privacy policy says it trains on meeting transcripts with users' permission and that it de-identifies audio first. In its 13 August 2026 order the court held that the alleged unauthorized interception, recording, transcription and retention of private conversations resembled the common-law tort of intrusion upon seclusion and was a concrete injury, and that the plaintiffs plausibly alleged Otter acted as a third-party eavesdropper; it found that two plaintiffs had not plausibly alleged a reasonable expectation of privacy for one California claim, while the medical-call plaintiff had. Otter's answer states it lacks knowledge or information about each plaintiff's personal experiences and on that basis denies them. None of the allegations has been proven.
Reported harm
The plaintiffs allege that Otter recorded, transcribed and kept their private conversations on calls they joined without their consent, including medical and financial discussions, used them to train its models and took voiceprints, and one plaintiff says learning this left him frustrated, embarrassed and stressed (plaintiffs' allegations in a pending suit; Otter denies them).
Outcome
OngoingBrewer v. Otter.ai was filed on 15 August 2025 in the U.S. District Court for the Northern District of California and consolidated with related suits as In re Otter.AI Privacy Litigation, No. 5:25-cv-06911-EKL; a consolidated class action complaint was filed on 5 December 2025. On 13 August 2026 Judge Eumi K. Lee granted Otter's motion to dismiss in part: standing and the federal wiretap (ECPA), California Invasion of Privacy Act section 631, Illinois BIPA, unjust enrichment, UCL and declaratory claims survived; some claims were dismissed with leave to amend and withdrawn claims were dismissed. Otter answered the amended complaint on 17 September 2026. An amended scheduling order of 16 September 2026 sets the last day to move for class certification as 13 May 2027.
What remains unknown
- Whether Otter's product notified the plaintiffs on their calls that the notetaker was present, and what the other participants' Otter settings were.
- Whether the plaintiffs' conversations were in fact used to train Otter's models, and in what form.
- The exact date of one Illinois plaintiff's meetings, which the complaint places only within the limitations period.
What the evidence supports
AI involvement: reported. Each plaintiff alleges that the Otter Notetaker, an AI transcription assistant, was used on their call and recorded and transcribed it; the relation recorded is that the AI produced speaker-attributed transcripts and, the complaint alleges, voiceprints identifying each speaker, a record of who said what (ECF 35 paras 10-11). Otter admits it offers an AI meeting assistant called Otter Notetaker but says it lacks knowledge of the plaintiffs' calls and denies the allegations.
4 claims: 1 documented, 3 reported. What the statuses mean
Reported Seven people who were not Otter account holders allege that, on Zoom or Microsoft Teams calls (six give dates between March 2024 and May 2025), another participant used Otter Notetaker and Otter recorded, transcribed and stored their conversations without their consent; the calls include one with a medical professional and meetings with a financial professional.
Causal attribution. The plaintiffs attribute the recording to Otter's product design, which they say lets the notetaker record without every participant's consent; Otter denies the allegations.
- storage.courtlistener.com(opens in new tab) supports · English
'participated in a Zoom meeting in California on February'; '24, 2025, where the Otter Notetaker was used by a meeting participant to transcribe the'; 'participated in a Zoom meeting in California in March 2025'; 'used Zoom to communicate with a medical professional, and'; 'Illinois on January 10, 2025 and May 19, 2025 where the Otter Notetaker was used to'; 'participated in a Zoom meeting in Washington state in March'
- storage.courtlistener.com(opens in new tab) supports · English
'Plaintiffs are seven individuals from California, Illinois, and Washington state who'; 'participated in virtual meetings where the Otter Notetaker was allegedly used without their'; 'consent to record, transcribe, and store the contents of their communications.'
- storage.courtlistener.com(opens in new tab) contradicts · English
'Otter lacks knowledge or information sufficient to form a belief as to the truth of the'; 'allegations concerning the named Plaintiff’s personal knowledge, experiences, expectations, or'
- npr.org(opens in new tab) supports · English
'who alleges his privacy was "severely invaded" upon realizing Otter was secretly recording a confidential conversation.'
Reported The plaintiffs allege that Otter keeps their conversational data on its servers and uses it to train its speech-recognition and machine-learning models, and that it captured the Illinois plaintiffs' voiceprints; Otter's policy, as reported by NPR, says it trains on transcripts with users' permission and de-identifies audio.
Causal attribution. Alleged by the plaintiffs; Otter denies the allegations.
- storage.courtlistener.com(opens in new tab) supports · English
'other personal information for its own commercial use, including to train its automatic speech'; 'The Illinois Plaintiffs allege that, during their virtual meetings, Otter'
- npr.org(opens in new tab) context · English
'Otter claims that before the audio of meetings is fed into its machine learning systems to help improve an AI speech recognition feature, it is "de-identified,"'
Reported One California plaintiff alleges that he felt frustrated, embarrassed and stressed to learn that his conversation had been recorded without his consent.
Causal attribution. Alleged by the plaintiffs as a consequence of Otter's recording.
- storage.courtlistener.com(opens in new tab) supports · English
'felt frustrated, embarrassed, and stressed to learn that his'; 'conversation was recorded without his consent, and his information, voice, and'
Documented On 13 August 2026 the court denied Otter's motion to dismiss for lack of standing, holding that the alleged interception and retention of private conversations was a concrete injury, let the federal wiretap, California eavesdropping and Illinois biometric claims proceed, and dismissed some other claims.
Causal attribution. Procedural ruling on the pleadings; no finding that Otter recorded anyone unlawfully.
- storage.courtlistener.com(opens in new tab) supports · English
'Accordingly, the motion to dismiss Plaintiffs’ claims for lack of standing is denied.'; 'Accordingly, the motion to dismiss Plaintiffs’ ECPA claim is denied.'; 'Accordingly, the motion to dismiss Plaintiffs’ BIPA claims for lack of standing is denied.'; 'The motion to dismiss is GRANTED with leave to amend as to Count 2'; 'The motion is DENIED in all other respects.'
Sources
6 sources inspected, from 3 underlying accounts. Sources that repeat one account do not corroborate each other.
- storage.courtlistener.com(opens in new tab)
s1 · Court filing · English · Inspected · Shares an underlying account with another listed source
- Order granting motion to dismiss in part, In re Otter.AI Privacy Litigation, No. 5:25-cv-06911-EKL (N.D. Cal.), 13 August 2026(opens in new tab)
s2 · storage.courtlistener.com · Court filing · English · Inspected · 13 August 2026 · Shares an underlying account with another listed source · Primary
- storage.courtlistener.com(opens in new tab)
s3 · Court filing · English · Inspected
- storage.courtlistener.com(opens in new tab)
s4 · Court filing · English · Inspected · Shares an underlying account with another listed source
- npr.org(opens in new tab)
s5 · News report · English · Inspected · Shares an underlying account with another listed source
- storage.courtlistener.com(opens in new tab)
s6 · Court filing · English · Inspected · Shares an underlying account with another listed source
How the sources were read, and where the events happened
Consolidated Class Action Complaint, ECF 35, filed 5 December 2025; RECAP PDF (68 pages) read on 2026-09-29 (HTTP 200), plaintiffs' experience sections read in full. Plaintiffs' allegations, not findings. Applies to s1.
Order Granting Motion to Dismiss in Part, ECF 68, 13 August 2026 (Judge Eumi K. Lee); RECAP PDF read in full on 2026-09-29. Rules on the pleadings and accepts the allegations as true for that purpose; it makes no finding of fact. Applies to s2.
Otter.ai's Answer and Affirmative Defenses to Plaintiffs' Consolidated Class Action Complaint, ECF 80, 17 September 2026; RECAP PDF read on 2026-09-29, plaintiff-experience paragraphs and responses read. Applies to s3.
Brewer v. Otter.ai, Inc., original Class Action Complaint, ECF 1, filed 15 August 2025; RECAP PDF read on 2026-09-29. Applies to s4.
NPR, 15 August 2025, read live on 2026-09-29 (HTTP 200). Reports the original complaint and summarises Otter's privacy policy; says neither side responded to requests for comment. Applies to s5.
Amended Case Management and Scheduling Order, ECF 79, 16 September 2026; read on 2026-09-29. Procedural facts only. Applies to s6.
Event countries: United States. Affected-person countries: United States. Court countries: United States.
The consolidated complaint places the plaintiffs' calls in California, in Chicago and elsewhere in Illinois, and in Washington state; the order describes the plaintiffs as individuals from California, Illinois and Washington state. The case is in the U.S. District Court for the Northern District of California.
Reviewed for publication 2026-09-29: Published as a bounded series of concrete privacy harms reported by identified people in a pending federal suit: each named plaintiff describes a call on which another participant's AI notetaker recorded and transcribed them without consent. The account rests on the plaintiffs' pleadings and the court's ruling on them; Otter denies the allegations. Plaintiff names are omitted.
People described
Seven named plaintiffs, adults in California, Illinois and Washington state, who were not Otter account holders and say their conversations on calls were recorded by Otter (names not repeated here)
People reported harmed in this case
At least 7 people
0 AI participants · 7 other people harmed
The court order says 'Plaintiffs are seven individuals from California, Illinois, and Washington state' who participated in meetings where the Otter Notetaker was allegedly used without their consent; each describes their own call in the consolidated complaint. They were not Otter account holders (one says only that to her knowledge she did not create an account), so they are counted as other people. The proposed class members are not counted. Documented minimum 7.
Counted once within this case. The same person may appear in other cases. This count does not establish AI causation.
Tags
Cite this case
Compiled per our published methodology: verification statuses, sourcing standards, and corrections process.
APA
NOPE. (2026). United States: seven people who say they did not hold Otter accounts say Otter's AI Notetaker recorded and transcribed their Zoom and Teams meetings without their consent, including a medical call and calls with a financial professional, and kept the data to train its models; a federal court let their core privacy claims proceed. AI incidents. https://nope.net/incidents/2024-us-otter-notetaker-recorded-non-users-meetings-privacy-suit
BibTeX
@misc{2024_us_otter_notetaker_recorded_non_users_meetings_privacy_suit,
title = {United States: seven people who say they did not hold Otter accounts say Otter's AI Notetaker recorded and transcribed their Zoom and Teams meetings without their consent, including a medical call and calls with a financial professional, and kept the data to train its models; a federal court let their core privacy claims proceed},
author = {NOPE},
year = {2026},
howpublished = {AI incidents},
url = {https://nope.net/incidents/2024-us-otter-notetaker-recorded-non-users-meetings-privacy-suit}
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