Your Phone May Have Been Listening Without Consent — Why Google Is Paying $68 Million

Your smartphone could be paying closer attention to your conversations than you realise, and the companies behind it may not be as transparent as they claim.

Google has agreed to pay $68 million (£49.7 million) to settle a class action lawsuit alleging that its voice-activated Assistant secretly recorded users' private conversations and shared that data with advertisers. The preliminary settlement, filed on Friday in a federal court in San Jose, California, awaits approval from US District Judge Beth Labson Freeman.

The tech giant has not admitted any fault but chose to resolve the matter rather than face a lengthy court battle. However, those who trusted Google's assurances that personal data wouldn't be sold are now left questioning how truthful those claims truly were.

When Your Phone Hears More Than You Intended

Google Assistant is designed to remain in standby mode until it detects a wake phrase like 'Hey Google' or 'OK Google.' According to the company, it only records audio and transmits it to Google's servers after hearing such a command.

However, plaintiffs in the lawsuit argued that the assistant was often activated accidentally, misinterpreting background noise or unrelated conversations as a trigger. Without intention, devices sometimes began recording — a phenomenon insiders refer to as 'false accepts' — capturing discussions about money, personal issues, even job matters. These recordings, the claimants allege, later influenced the targeted adverts users received.

These allegations directly contradict Google's public messaging. On its Safety Centre website, Google states: 'We never sell your personal information to anyone.' Its official Help Centre similarly declares: 'Google never sells your personal information — that includes your audio recordings.'

A Pattern of Privacy Payouts

This isn't Google's first encounter with privacy-related litigation. In September 2025, a federal jury in San Francisco ordered Google to pay $425 million (£310.76 million) after finding it tracked nearly 98 million users who had explicitly disabled data collection via the 'Web & App Activity' setting. The jury concluded that Google had invaded users' privacy but did not find evidence of malicious intent.

Google is not alone among tech giants facing such claims. Apple agreed in January 2025 to pay $95 million (£69.46 million) to settle a similar lawsuit alleging its Siri voice assistant recorded private conversations when accidentally triggered. That settlement was approved by a US court judge in October 2025. Although Apple maintained it had done nothing wrong, questions arose in 2019 when reports surfaced of people listening to Siri recordings without permission.

A study from Northeastern University, shared via Consumer Reports, showed that Google Assistant links spoken queries to targeted adverts. While Alexa also gathers voice data for promotional purposes, Siri reportedly keeps searches separate from user identity when it comes to marketing. Alexa tracks users after each question, whereas Siri treats each request as if it comes from a stranger.

What This Means for Users

Under the proposed Google settlement, owners of Google devices dating back to May 2016 may be eligible for compensation. Claimants can submit claims for up to three devices, with individual payouts depending on the total number of claims received. The lawyers representing the plaintiffs could seek up to one-third of the settlement fund—around $22 million (£16.08 million)—in legal fees.

For the average user, the impact of this settlement may be limited. However, adjusting privacy settings remains confusing, as the default options tend to prioritise data collection. What companies claim they will do often does not match what they actually do.

The reality is clear: each time someone speaks to a voice assistant, there is some level of exposure. If you're concerned about what your devices might be capturing, experts recommend turning off always-listening features, reviewing app permissions, and remaining sceptical about privacy promises.

Google maintains that it protects user data, but with increasing settlements and lawsuits, the true nature of data privacy remains complex and uncertain.