09-10-2025
A new lawsuit accuses Otter.ai of “deceptively and surreptitiously” recording private conversations without permission from the people using it. Otter Notebook can provide real-time transcriptions of Zoom, Google Meet, and Microsoft Teams meetings. According to the lawsuit, it does not default to asking meeting attendees for permission to record. It does not notify participants that Otter uses the recordings to improve its artificial intelligence systems.
Justin Brewer claims that his privacy was “severely invaded” after discovering that Otter secretly recorded a confidential conversation. He alleges the recordings violate state and federal privacy and wiretap laws. It is not the first time Otter’s product has received negative attention. Last year, an AI researcher and engineer said Otter recorded a Zoom meeting with investors. The transcription included “intimate, confidential details” about a business deal discussion that happened after the engineer left the meeting. Those transcription portions resulted in the end of that deal. Otter asserts that the information it receives is “de-identified,” so it is anonymous. The company does not provide details about that process. Brewer also claims that Otter deprives individuals of control over their data while enriching the company in violation of California’s Unfair Competition Law. This theory is thus far untested for privacy-related class actions.
The company’s privacy policy says it receives “explicit permission” from users to train its systems on meeting transcripts when users check the box about Otter using private conversations “for training and product improvement purposes.” The software typically asks the meeting’s host for permission, but NPR reports that it does not ask the other participants by default. California law generally requires the consent of all parties before recording.