Consent is arguably the biggest existential threat to digital marketing and the filings against Amazon pull no punches (read them here). They allege: “The collection of Alexa Device recordings is a natural extension of Amazon’s modus operandi: collect as much consumer data as possible through any means possible, streamline the process so that consumers cannot or will not stop the collection, and use Amazon’s massive size to leverage that data more effectively than any of its competitors.”

Per se, that’s not a problem, providing those that use Alexa-enabled devices give consent, but the lawyers argue that consent that binds whole households may be impossible to design. Moreover, “at no point does Amazon warn unregistered users that it is creating persistent voice recordings of their Alexa interactions, let alone obtain their consent to do so”.

It continues: “When children say a wake word to an Alexa Device, the device records and transmits the children’s communications in the same manner that it handles adults’ communications. Neither the children nor their parents have consented to the children’s interactions being permanently recorded.”

Amazon has yet to respond to the allegations. But the progression and outcome of these cases could have massive implications for Amazon and voice marketing. And the lawyers taking on the case are heavyweights. In their words: "The largest litigation firm in the world with 800+ attorneys. Litigation is a zero sum game. There is a winner and a loser. We know how to win."