Otter AI Lawsuit (2026): The Claims, the Ruling and Where the Case Stands

Yes, Otter.ai is being sued: In re Otter.AI Privacy Litigation, No. 5:25-cv-06911, is a proposed class action in the U.S. District Court for the Northern District of California that alleges Otter Notetaker recorded people without their consent and used their conversations to train Otter's AI. No court has ruled that Otter broke the law; on August 13, 2026, the judge let the core wiretap, California privacy and Illinois biometric privacy claims go forward, Otter denied the claims in its answer on September 17, 2026, and the case is now in discovery, with a class certification motion due by May 13, 2027.

This page covers what the lawsuit claims, what Otter says, what the court has decided, the timeline, what happens next, and the other AI note takers facing similar suits. Every fact comes from the court's docket and orders, Otter's own court filings and help center, and news reports, checked on October 19, 2026. Every claim against Otter here is an allegation that hasn't been proven. We make Scribbl, an AI note taker with nothing joining the call; what the case means if you're choosing a note taker is near the end.

The Otter lawsuit at a glance

What the Otter lawsuit claims

The plaintiffs say they were recorded by Otter in meetings someone else brought it to. The Consolidated Class Action Complaint alleges, and Otter denies, that:

• Otter joins meetings on its own. When an Otter account holder connects a calendar, the complaint alleges, Otter Notetaker automatically joins their meetings and records, transcribes and takes screenshots of the call.
• Nobody else is asked. It alleges that Otter doesn't get consent from meeting participants who don't use Otter, and that many only learn they were recorded when a transcript or screenshots arrive by email after the meeting.
• The bot doesn't count as notice. The complaint calls Notetaker, which appears as a participant such as "Anna's Notetaker (Otter.ai)," a silent participant that gives no visual or audio notice that the meeting is being recorded and stored on Otter's servers.
• Voiceprints. It alleges that Otter creates and stores a voiceprint for each speaker it records, so it can recognize them in later meetings, without the notice and written consent Illinois' biometric privacy law requires.
• AI training. It alleges that Otter uses recorded conversations to train its automatic speech recognition and machine learning models without telling the people recorded, and that removing identifying details doesn't make that private.

The lead plaintiff, Justin Brewer, says he joined a Zoom meeting in California on February 24, 2025 in which another participant used Otter Notetaker. NPR reported when the suit was filed that Brewer says his privacy was "severely invaded" (NPR, August 15, 2025).

Who the plaintiffs want to represent. The complaint asks the court to certify a nationwide class of everyone whose conversations Otter recorded at least once while they didn't have an Otter account, plus subclasses for California, Illinois and Washington. It seeks statutory damages and court orders to prevent the same conduct in the future.

What Otter says

In court. Otter's answer, filed September 17, 2026, admits that Otter Notetaker "appears as a participant in meetings that it is allowed to join" and denies the remaining allegations, including that it records without people's knowledge. Its defenses include that the plaintiffs lack standing, that the complaint fails to state a claim, that the claims are barred to the extent any recording happened with the plaintiffs' knowledge or consent, waiver, estoppel and the statute of limitations. It asks the court to dismiss the remaining claims, deny certification of any class and enter judgment for Otter.

Earlier, in its motion to dismiss, Otter argued that it isn't an outside eavesdropper but a tool its account holders choose to use, and that the plaintiffs hadn't shown a concrete injury. The court rejected those arguments at this stage (UC Today, August 18, 2026).

In public. Otter declined to comment on the August ruling to UC Today. Its CEO, Sam Liang, said in an earlier interview that the company was "on the right side of history" (same source).

In its own help center. Otter says Notetaker joins as a named participant visible to everyone and posts a message in the meeting chat with a link to the live transcript. It also says a pre-recording email can go to guests before the meeting when that setting is on (Recording Permissions with Otter, updated August 24, 2026). Otter's Privacy and Security page says users "must always ask for consent."

The August 13, 2026 ruling

After hearing arguments in San Jose on August 3, 2026, Judge Lee granted Otter's motion to dismiss in part and denied it in part (order). She also rejected Otter's argument that the plaintiffs lacked standing to sue.

The order gave the plaintiffs 14 days to file an amended complaint and Otter 21 days after that to respond. Otter's September 17 answer responds to the December 2025 consolidated complaint and treats the dismissed counts as dismissed.

Otter lawsuit timeline

What happens next in the Otter lawsuit

The court's amended scheduling order of September 16, 2026 sets these dates. Judge Lee wrote that, given the length of the extensions, the court is "not inclined to further extend these deadlines."

Can you join? Not yet. There's no certified class, no settlement and no claim form. If the court certifies a class, people in it are usually notified and included without signing up. The court appointed Levin Law, Clarkson Law Firm and Werman Salas as interim co-lead counsel for the plaintiffs on October 22, 2025.

Are other AI note takers being sued?

Yes. These are all allegations, and none has been decided.

• Fireflies.ai. Fricker v. Fireflies.AI Corp., No. 1:26-cv-02675, filed March 10, 2026 in federal court in Chicago and combined with Martinez v. Fireflies.AI Corp. on June 4, 2026, alleges under Illinois' biometric privacy law that Fireflies' notetaker captured the voiceprints of meeting participants who never signed up for Fireflies. Fireflies moved to dismiss on July 15, 2026, arguing among other things that the Illinois court lacks jurisdiction over it; the docket showed no ruling as of October 19, 2026. A nearly identical California case, Parrinello v. Fireflies.AI Corp., No. 3:26-cv-02479, has been on hold since April 24, 2026. An earlier Illinois case, Cruz v. Fireflies.AI Corp., was voluntarily dismissed by the plaintiff on March 11, 2026.

Of these cases, the Otter case is the furthest along, and the only one in which a court has ruled on whether the claims can go forward.

What the lawsuit means if you're choosing a note taker

Nothing has been decided against Otter. But the case shows what to check in any AI note taker before your clients, candidates or colleagues end up in its recordings:

1. Does a bot join the call? The Otter complaint centers on a notetaker that joins as a participant, and on whether a name in the participant list is enough notice.
2. Can it join meetings on its own? Otter Notetaker can join any calendar event with a meeting link, even ones you skip, unless you change the auto-join setting (Otter help).
3. Who gets the notes? Check whether transcripts or summaries are emailed to everyone on the invite, and whether share links are open to anyone who has them.
4. Does it train AI on your meetings? Otter's privacy policy says it trains its own AI on de-identified recordings and transcripts. See is Otter AI safe for what Otter and Fireflies say.
5. Who handles consent? You do, with every tool. Recording laws differ by place, and some, including California and Illinois, require everyone's permission; see do you have to tell people you're recording. Tell everyone you're recording.

Feature	Scribbl	Otter
A bot in the participant list	No, on Google Meet, Zoom and Teams	Yes, "[Your Name]'s Notetaker (Otter.ai)"
Can join meetings from your calendar on its own	No bot to join	Yes
Your meetings used to train AI	Not for anyone other than you	De-identified recordings and transcripts train Otter's own AI
Recordings private by default	Yes	Depends on your auto-share default
Privacy class action pending	None	Yes, core claims going forward

Scribbl: nothing joins the call

This section is about our own product. Scribbl is an AI note taker for Google Meet, Zoom and Microsoft Teams:

• Nothing joins the call. Google Meet runs from a Chrome extension (AI note taker for Google Meet), and Zoom and Teams run from Scribbl Desktop for Mac (Apple silicon) and Windows (Zoom, Teams). No bot sits in the participant list, and nothing turns up in meetings you didn't attend.
• Your meetings don't train anyone else's AI. Scribbl doesn't use your meetings to train AI for anyone other than you.
• Private by default. Your recordings are private by default, and nobody sees a meeting unless you choose to share it.
• You keep the whole meeting. Every meeting comes back with the video, a transcript with speaker names, AI notes and action items.

You still tell people you're recording, the way you would yourself in any meeting. The free plan includes Google Meet, Zoom and Microsoft Teams, with 10 meetings a month. Pro is $13 per user per month billed annually, or $20 monthly (pricing). If you're moving off Otter, see Otter alternatives and Scribbl vs Otter.

FAQ

Is Otter.ai being sued?

Yes. Otter.ai is the defendant in In re Otter.AI Privacy Litigation, No. 5:25-cv-06911, a proposed class action in the U.S. District Court for the Northern District of California. It combines four suits filed in August and September 2025. As of October 19, 2026, the case is in discovery, no class has been certified, and no court has ruled that Otter broke the law.

What is the Otter AI lawsuit about?

The complaint alleges that Otter Notetaker joined meetings through account holders' calendars and recorded people who don't use Otter without their consent, collected their voiceprints, and used their conversations to train Otter's speech recognition and machine learning models. It brings claims under the federal Wiretap Act, the California Invasion of Privacy Act, Illinois' Biometric Information Privacy Act and other laws. Otter denies the allegations.

Is the Otter lawsuit a class action?

It's a proposed class action. The plaintiffs ask the court to certify a nationwide class of everyone whose conversations Otter recorded at least once while they didn't have an Otter account, plus California, Illinois and Washington subclasses. The court hasn't decided whether to certify any class; the plaintiffs' motion is due by May 13, 2027.

What is the Otter learning lawsuit?

We found no separate case by that name. Searches for the Otter learning lawsuit lead to In re Otter.AI Privacy Litigation, which alleges that Otter used recorded conversations to train its speech recognition and machine learning models without consent. Otter denies the allegations.

Did the court rule against Otter?

Not on the facts. On August 13, 2026, Judge Eumi K. Lee denied most of Otter's motion to dismiss, so the federal wiretap, California privacy and Illinois biometric privacy claims go forward, and dismissed some other claims. That ruling only means the complaint was detailed enough to continue. It doesn't decide whether Otter broke the law.

What has Otter said about the lawsuit?

In its answer filed September 17, 2026, Otter admits that Otter Notetaker appears as a participant in meetings it is allowed to join and denies the remaining allegations, including that it records without notice. It raises defenses including lack of standing, consent and the statute of limitations, and asks the court to deny class certification and enter judgment for Otter.

Can I join the Otter class action?

Not yet. There is no certified class, no settlement and no claim form as of October 19, 2026. If a class is certified, people in it are usually notified and don't need to sign up to be included. The plaintiffs' interim co-lead counsel, appointed by the court in October 2025, are Levin Law, Clarkson Law Firm and Werman Salas.

When will the Otter lawsuit be decided?

Not soon. Under the court's September 16, 2026 scheduling order, the class certification motion is due May 13, 2027, the last day to hear it is September 15, 2027, and a trial-setting conference is set for December 1, 2027. The parties must also complete mediation or another form of dispute resolution by April 14, 2027.

Are other AI note takers being sued?

Yes. Fireflies.ai faces proposed class actions under Illinois' biometric privacy law over voiceprints, led by Fricker v. Fireflies.AI Corp. in federal court in Chicago. These are allegations, and none has been decided.

Is there an AI note taker that doesn't join the call?

Yes. Scribbl, which we make, takes notes in Google Meet, Zoom and Microsoft Teams with nothing joining the call, so no bot sits in the participant list, and you still get the video recording, a transcript with speaker names, AI notes and action items. Recordings are private by default, and Scribbl doesn't use your meetings to train AI for anyone other than you. The free plan includes Google Meet, Zoom and Microsoft Teams, with 10 meetings a month.

Sources

Every fact above was checked on these pages on October 19, 2026.

• Court docket: In re Otter.AI Privacy Litigation, No. 5:25-cv-06911 (N.D. Cal.), via CourtListener (last filing shown: October 9, 2026)
• Court orders and filings: Order granting in part and denying in part the motion to dismiss (August 13, 2026); Amended case management and scheduling order (September 16, 2026); Defendant Otter.ai's answer to the consolidated class action complaint (September 17, 2026), which repeats each paragraph of the complaint; Interim order re stipulated protective order (August 20, 2026)
• Other note taker cases: Fricker v. Fireflies.AI Corp., No. 1:26-cv-02675 (N.D. Ill.); Parrinello v. Fireflies.AI Corp., No. 3:26-cv-02479 (N.D. Cal.); Cruz v. Fireflies.AI Corp. (C.D. Ill.)
• News: NPR, Class-action suit claims Otter AI secretly records private work conversations (August 15, 2025); UC Today, Otter.ai fails to dismiss core privacy claims in U.S. court (August 18, 2026)
• Otter: privacy policy (effective June 16, 2026), Privacy and Security, Recording Permissions with Otter (August 24, 2026), Choose which meetings Otter Notetaker records (September 21, 2026)
• Scribbl: pricing