A proposed privacy class action against McDonald’s Corp. over its drive-thru voice assistant could create new case law on voiceprint biometrics, but privacy attorneys say the customers bringing the case first have to prove that the fast food giant is using the artificial intelligence to identify customers.

On Friday, McDonald’s counsel at Jones Day removed an Illinois Biometric Information Privacy Act (BIPA) suit against the company to the U.S. District Court for the Northern District of Illinois. The lawsuit centers on McDonald’s voice recognition technology used in some of its drive-thrus and developed by Apprente, a San Francisco Bay Area startup McDonald’s acquired in 2019.

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