Notetaking or Eavesdropping? Fireflies.AI Gets Hit with Class Action

A new class action lawsuit was filed in Illinois against Fireflies.AI Corp. Fireflies is an AI program that users can add to virtual meetings. The app generates automatic meeting summaries based on recordings. Similar to the Otter.ai case, Plaintiffs argue that the program violates Illinois’ Biometric Information Privacy Act (BIPA) because they allege it creates and retains “voiceprints” of meeting participants without requiring consent or giving users appropriate data controls. As with many AI applications, AI notetakers can be a real time saver, but they aren’t without risk. A recent SheppardMullin memo discusses this case and explores other potential risks of AI note takers:

• “More data to turn over in litigation: recordings and summaries can become discoverable;
• Sensitive or privileged conversations may be saved and shared when they otherwise would not be;
• AI can make mistakes (e.g., misidentify speakers or over‑simplify what was said);
• Notice and consent rules vary, especially for outside guests or cross‑border participants;
• Retention must align with legal holds so routine deletion is not viewed as destroying evidence;
• If the AI tool provider uses recordings for its own purposes without the proper notice and consent, this can violate wiretapping and similar laws, such as the California Consumer Privacy Act (CCPA)”

With these risks in mind, it’s important to think about how your company uses AI note-taking applications. The memo recommends conducting proper vendor due diligence, obtaining consent from meeting participants, and being selective about which meetings you record. AI can streamline some processes, but efficiency must always be balanced against risk.