Vanguard Marketing Corporation Illegally Records, Examines Callers’ Voices, Class Action Claims

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A proposed class action claims that Vanguard Marketing Corporation has failed to obtain consent before using voice recognition software to capture and examine callers’ biometric voice prints.

According to the 12-page case, the investment management company has run afoul of the California Invasion of Privacy Act (CIPA) by using software to analyze consumers' voices to "authenticate or refute the true identity of callers" and "determine the truth or falsity of the callers' statements" without obtaining express written consent.

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The case relays that Vanguard's caller authentication system creates a unique voiceprint for each caller by recording their initial call and "extracting an individual's phonetic features (including their unique speech patterns, tones, and other characteristics) from their voice." Per the complaint, Vanguard stores each voiceprint in a comprehensive database, which it references to authenticate a caller's identity and detect "audible indications of lying."

Vanguard's website claims that consumers must first set up a voice verification feature to allow for the use of its "sophisticated biometric technology,” the case states. However, the lawsuit alleges that Vanguard examines the voice of every caller, even if they did not set up the feature.

Further, the case argues that merely agreeing to activate the software is not considered express written consent under the CIPA.

Pursuant to the CIPA, a company must receive express written permission before using a system that "examines or records in any manner voice prints or other voice stress patterns of another person to determine the truth or falsity of statements made by such person," the filing says.

The lawsuit looks to represent anyone in California who had their voice prints or other voice stress patterns examined or recorded by Vanguard Marketing Corporation to determine the truth or falsity of their statements.

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