• by Wendy Davis  @wendyndavis, January 17, 2024

Google is urging a federal judge to dismiss a lawsuit alleging that the Google Cloud Contact Center AI -- technology used by other companies' call centers -- violated California's wiretap law by “eavesdropping” on a customer's conversation with a Verizon employee.

In a motion filed Wednesday, Google says the allegations against it, even if proven true, would only show that it provided “a software program,” which it described as “the modern equivalent of a tape recorder,” to Verizon.

Google adds that providing software to outside companies doesn't violate California's wiretap law, which prohibits the interception of electronic communications without all parties' consent.

“The law is clear that parties to communications (like Verizon) can use tools (like software provided by other entities) to record or analyze their own conversations with others (like plaintiff),” the company writes in papers filed with U.S. District Court Judge Rita Lin in San Francisco.

The company's motion comes in response to a lawsuit filed last year by Misael Ambriz.

He alleged that a Google session manager monitored a conversation between himself and Verizon, transcribed and analyzed the conversation, and “suggested 'smart replies' and news articles to the Verizon agent.”

His complaint also alleged that he didn't consent to Google “eavesdropping” on his conversation with Verizon.

Google argues in its motion that Ambriz consented to having his calls monitored and recorded regardless of whether he was informed about Google's alleged role in providing customer service.

“He does not allege that Verizon failed to inform him that his calls were being monitored and recorded, or that he was unaware of this when he decided to continue his calls.” Google contends. “Instead, he attempts to artfully plead around his consent by claiming he was not informed that Google’s software did the recording.”

The company also argues California's wiretap law exempts telephone companies and agents like itself, as long as the call is recorded to provide service.

“Verizon’s provision of direct customer service falls within this exception,” Google writes.

Lin is expected to hold a hearing on the case in March.