This case was last updated from PACER on 08/24/2021 at 06:07:47 (UTC).

Mirabile et al v. Amazon.com Inc et al

Case Summary

On June 24, 2021, Sandra Mirabile, Mathew Merman, Diane McNealy, Michael McNealy, Mark Fladd, Stephanie Fladd, and Lisa Hovasse (collectively, "Plaintiffs"), individually and on behalf of all others similarly situated, represented by Bradley Jerome Moore of Stritmatter Kessler Koehler Moore (SEA) filed a personal injury lawsuit against Amazon.com, Inc. and Amazon.com Services LLC (collectively, “Amazon” or “Defendants”), seeking implementation of procedures to require consent before recording, compensatory damages and costs for allegedly using smart-speaker technology (“Alexa”) to secretly record and maintain millions of Americans’ voices and communications. This case was filed in the U.S. District Court in the Western District of Washington. 

 

In its complaint the Plaintiffs alleged that, “Defendants designed Alexa to record and respond to user communications. It “listens” to verbal communications and responds to those communications in a simulated voice. While an Alexa Device is “always on,” it is supposed to only respond to commands after it hears a “wake” word – which is typically either “Alexa” or “Echo.” After hearing the “wake” word, Alexa then records any subsequent communications. Because Alexa was created to capture voices “from anywhere in the room,” the communications it records include anything an individual within close proximity to the device may say. The recordings are then transmitted to Amazon’s servers for interpretation and processing before Alexa generates a response. Amazon then indefinitely stores a copy of that recording to later use for its own self-serving purposes. This practice has resulted in the unlawful preservation of billions of private conversations.” 

 

It was further alleged by the Plaintiffs that, “Because Alexa is designed to capture voices “from anywhere in the room,” its auditory reach is expansive. It can hear individuals typing across the room such that it can record PIN codes and text messages by picking up and listening to the vibration of the screen while a user’s finger taps it. Alexa has also recorded people during intimate moments. And, there have been reports that Alexa has sent and forwarded audio recordings of private conversations to family members, without the intent of the Alexa user.” 

 

The Plaintiffs further alleged that, “Amazon does not adequately warn users that it is recording, monitoring, intercepting, transmitting, or storing their communications in perpetuity. Amazon also does not sufficiently disclose that it is creating a permanent repository of users’ voices when they are communicating in close proximity to an Alexa Device. Amazon further does not have consent to do so.”

 

There are four claims for relief by the Plaintiffs. The first claim dealing with alleged violation of the Washington Wiretapping Statute, RCW 9.73.030. The second is for alleged violation of the Florida Wiretapping Statute, Fla. Stat. §934.03. The third is for alleged violation of the New Hampshire Wiretapping Statute, N.H. Rev. Stat. § 570-A:2. The fourth is for alleged violation of the Massachusetts Wiretapping Statute, Mass. Gen. Laws ch. 272, § 99. The fifth is for alleged violation of the California Invasion of Privacy Act (“CIPA”), Cal. Penal Code § 630, et seq.

 

In its prayer for relief, the Plaintiffs requested the Court to enter an order certifying this case as a class action, order Amazon to delete all recordings of Class members, and to implement procedures to require consent before recording or storing protected communications, declaring the Defendant’s conduct violates the statutes referenced herein, for compensatory damages and costs, and other reliefs as deemed appropriate by the Court. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00854

  • Filing Date:

    06/24/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Washington Western District

Judge Details

Presiding Judge

Richard A. Jones

 

Party Details

Plaintiffs

Sandra Mirabile

Lisa Hovasse

Michael McNealy

Mark Fladd

Mathew Merman

Diane McNealy

Stephanie Fladd

Defendants

Amazon.com, Inc.

Amazon.com Services LLC

Amazon.com Inc

Attorney/Law Firm Details

Plaintiff Attorneys

Guillaume Buell

Attorney at THORNTON LAW FIRM LLP

1Lincoln Street

Boston, MA 02111

Maxwell H Sawyer

Attorney at ROBBINS GELLER RUDMAN & DOWD LLP (FL)

120 E Palmetto Park Rd Ste 500

Boca Raton, FL 33432

Stuart A. Davidson

Attorney at ROBBINS GELLER RUDMAN & DOWD, LLP

120 East Palmetto Park Road Ste 500

Boca Raton, FL 33432

Bradley Jerome Moore

Attorney at STRITMATTER KESSLER KOEHLER MOORE (SEA)

3600 15Th Ave W, Ste 300

Seattle, WA 98119-1330

Defendant Attorneys

Jedediah Wakefield

Attorney at FENWICK & WEST (SF)

555 California St, 12Th Floor

San Francisco, CA 94104

Laurence F. Pulgram

Attorney at FENWICK & WEST (SF)

555 California St, 12Th Floor

San Francisco, CA 94104

Brian D Buckley

Attorney at FENWICK & WEST (WA)

1191 Second Ave, 10Th Floor

Seattle, WA 98101

 

Court Documents

#27

(#27) NOTICE of Voluntary Dismissal of case by Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman, Sandra Mirabile (Davidson, Stuart) (Entered: 08/04/2021)

#26

(#26) APPENDIX re Terminate Motions, re Notice of Motion to Consolidate [Dkt 25] by Defendants Amazon.com Inc, Amazon.com Services LLC (Buckley, Brian) (Entered: 07/28/2021)

#25

(#25) MOTION Notice of Motion to Consolidate Cases , filed by Defendants Amazon.com Inc, Amazon.com Services LLC. (Buckley, Brian) Modified on 7/28/2021 to correct document title (SR). (Entered: 07/28/2021)

#24

(#24) CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Amazon.com Inc, Amazon.com Services LLC (Buckley, Brian) (Entered: 07/26/2021)

#23

(#23) Joint Stipulated MOTION and [Proposed] Order, filed by Defendants Amazon.com Inc, Amazon.com Services LLC. Noting Date 7/13/2021, (Buckley, Brian) (Entered: 07/13/2021)

#22

(#22) AFFIDAVIT of Service of Summons and Complaint on Amazon.com, Inc. on 6/29/2021, filed by Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman, Sandra Mirabile. (Davidson, Stuart) (Entered: 07/07/2021)

#8

(#8) APPLICATION OF ATTORNEY Maxwell H. Sawyer FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman, Sandra Mirabile (Fee Paid) Receipt No. AWAWDC-7142531 (Moore, Bradley) (Entered: 06/28/2021)

#7

(#7) NOTICE of Appearance by attorney Brian D Buckley on behalf of Defendants Amazon.com Inc, Amazon.com Services LLC. (Buckley, Brian) (Entered: 06/28/2021)

#6

(#6) Summons(es) Electronically Re-Issued as to defendant(s) Amazon.com Inc, Amazon.com Services LLC (MW) (Entered: 06/28/2021)

#5

(#5) PRAECIPE TO ISSUE SUMMONS by Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman (Moore, Bradley) (Entered: 06/28/2021)

#4

(#4) PRAECIPE TO ISSUE SUMMONS by Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman, Sandra Mirabile (Moore, Bradley) (Entered: 06/28/2021)

3 #1

Summons

#3

(#3) Summons(es) Electronically Issued as to defendant(s) Amazon.com Inc, Amazon.com Services LLC (Attachments: #1 Summons)(CDA) (Entered: 06/25/2021)

#2

(#2) ERRATA re #1 Complaint,,, signature page to complaint by Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman, Sandra Mirabile (Moore, Bradley) (Entered: 06/25/2021)

1 #3

Summons

1 #2

Summons

1 #1

Complaint

#1

(#2) ERRATA re #1 Complaint,,, signature page to complaint by Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman, Sandra Mirabile (Moore, Bradley) (Entered: 06/25/2021)

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Docket Entries

  • 08/04/2021
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  • Docket*** Civil case dismissed without prejudice pursuant to Plaintiffs' #27 NOTICE of Voluntary Dismissal and FRCP 41(a)(1)(A)(i). (VE) (Entered: 08/04/2021)

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  • 08/04/2021
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  • Docket(#27) NOTICE of Voluntary Dismissal of case by Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman, Sandra Mirabile (Davidson, Stuart) (Entered: 08/04/2021)

    Read MoreRead Less
  • 07/28/2021
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  • Docket(#26) APPENDIX re Terminate Motions, re Notice of Motion to Consolidate [Dkt 25] by Defendants Amazon.com Inc, Amazon.com Services LLC (Buckley, Brian) (Entered: 07/28/2021)

    Read MoreRead Less
  • 07/28/2021
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  • Docket***Motion terminated: #25 MOTION to Consolidate Cases filed by Amazon.com Services LLC, Amazon.com Inc. Per the phone call with Defense Counsel, the wrong event type was picked. Motion is terminated and changed from a Motion to Notice. (SR) (Entered: 07/28/2021)

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  • 07/28/2021
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  • Docket(#25) MOTION Notice of Motion to Consolidate Cases , filed by Defendants Amazon.com Inc, Amazon.com Services LLC. (Buckley, Brian) Modified on 7/28/2021 to correct document title (SR). (Entered: 07/28/2021)

    Read MoreRead Less
  • 07/26/2021
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  • Docket(#24) CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Amazon.com Inc, Amazon.com Services LLC (Buckley, Brian) (Entered: 07/26/2021)

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  • 07/14/2021
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  • DocketReset Deadline: The parties' #23 Joint Stipulated MOTION is granted. The deadline by which Defendants Amazon.com, Inc. and Amazon.com Services, LLC must answer or move in response to Plaintiff's complaint is extended to 8/19/2021. (VE) (Entered: 07/14/2021)

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  • 07/13/2021
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  • Docket(#23) Joint Stipulated MOTION and [Proposed] Order, filed by Defendants Amazon.com Inc, Amazon.com Services LLC. Noting Date 7/13/2021, (Buckley, Brian) (Entered: 07/13/2021)

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  • 07/09/2021
  • DocketReset Deadlines: Upon the joint request of Plaintiffs' and Defendants' counsel in this action, and for good cause shown in light of a number of overlapping class action proceedings that have been recently filed in this District, the Court extends the initial case scheduling deadlines as follows: FRCP 26(f) Conference Deadline is 8/26/2021, Initial Disclosure Deadline is 9/2/2021, Joint Status Report due by 9/9/2021. (VE) (Entered: 07/09/2021)

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  • 07/07/2021
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  • Docket(#22) AFFIDAVIT of Service of Summons and Complaint on Amazon.com, Inc. on 6/29/2021, filed by Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman, Sandra Mirabile. (Davidson, Stuart) (Entered: 07/07/2021)

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12 More Docket Entries
  • 06/28/2021
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  • Docket(#9) APPLICATION OF ATTORNEY Stuart A. Davidson FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman, Sandra Mirabile (Fee Paid) Receipt No. AWAWDC-7142534 (Moore, Bradley) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#8) APPLICATION OF ATTORNEY Maxwell H. Sawyer FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman, Sandra Mirabile (Fee Paid) Receipt No. AWAWDC-7142531 (Moore, Bradley) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#7) NOTICE of Appearance by attorney Brian D Buckley on behalf of Defendants Amazon.com Inc, Amazon.com Services LLC. (Buckley, Brian) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#6) Summons(es) Electronically Re-Issued as to defendant(s) Amazon.com Inc, Amazon.com Services LLC (MW) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#5) PRAECIPE TO ISSUE SUMMONS by Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman (Moore, Bradley) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#4) PRAECIPE TO ISSUE SUMMONS by Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman, Sandra Mirabile (Moore, Bradley) (Entered: 06/28/2021)

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  • 06/25/2021
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  • Docket(#3) Summons(es) Electronically Issued as to defendant(s) Amazon.com Inc, Amazon.com Services LLC (Attachments: #1 Summons)(CDA) (Entered: 06/25/2021)

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  • 06/25/2021
  • DocketJudge Richard A. Jones added. (CDA) (Entered: 06/25/2021)

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  • 06/25/2021
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  • Docket(#2) ERRATA re #1 Complaint,,, signature page to complaint by Plaintiffs Mark Fladd, Stephanie Fladd, Lisa Hovasse, Diane McNealy, Michael McNealy, Mathew Merman, Sandra Mirabile (Moore, Bradley) (Entered: 06/25/2021)

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  • 06/24/2021
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  • Docket(#1) COMPLAINT against defendant(s) Amazon.com Services LLC, Amazon.com, Inc. with JURY DEMAND (Receipt # AWAWDC-7139546) Attorney Bradley Jerome Moore added to party Mark Fladd(pty:pla), Attorney Bradley Jerome Moore added to party Stephanie Fladd(pty:pla), Attorney Bradley Jerome Moore added to party Lisa Hovasse(pty:pla), Attorney Bradley Jerome Moore added to party Diane McNealy(pty:pla), Attorney Bradley Jerome Moore added to party Michael McNealy(pty:pla), Attorney Bradley Jerome Moore added to party Mathew Merman(pty:pla), Attorney Bradley Jerome Moore added to party Sandra Mirabile(pty:pla), filed by Stephanie Fladd, Diane McNealy, Lisa Hovasse, Mathew Merman, Michael McNealy, Sandra Mirabile, Mark Fladd. (Attachments: #1 Civil Cover Sheet Complaint, #2 Summons, #3 Summons)(Moore, Bradley) (Main Document 1 replaced on 6/25/2021) (CDA). (Attachment 1 replaced on 6/25/2021) (CDA). Modified on 6/25/2021 correct title of attachment 1 (CDA). (Entered: 06/24/2021)

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