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A Washington federal judge has ruled that Amazon.com Inc. must re-produce documents it withheld during discovery in a proposed class action lawsuit involving Alexa devices. The lawsuit, filed by unregistered Alexa users, alleges that Amazon illegally recorded their conversations without consent. The decision comes after U.S. District Judge Robert S. Lasnik determined that the e-commerce giant improperly claimed attorney-client privilege to conceal key business and strategic documents.

Amazon’s Clawback of Documents Challenged

The users argued that Amazon wrongly withheld some documents, which prompted Judge Lasnik to conduct an in camera review of 76 disputed documents. After reviewing the materials, the judge found that nearly 60% were improperly designated as privileged, with Amazon attempting to shield operational, business, and strategic discussions by involving attorneys in non-legal conversations.

"The review shows that Amazon improperly attempted to cloak operational, business, and strategic documents, particularly those that refer to customer privacy concerns or privacy regulations, with attorney-client privilege," Judge Lasnik said. He further noted that even when attorneys participated in the discussions, the conversations were typically focused on technical or operational issues rather than legal advice.

Amazon Alexa Privacy Suit : Re-Production of Documents Ordered

Judge Lasnik ordered Amazon to re-produce the improperly withheld documents within a week. Additionally, Amazon must review the remainder of the clawed-back materials and re-produce any that cannot clearly be shown as privileged within 21 days. The judge also required Amazon to file a declaration detailing whether this expansive view of privilege affected the broader discovery process, and if so, to propose a suitable remedy.

Background of the Privacy Lawsuit

The lawsuit, filed in June 2021, claims that Amazon recorded, stored, and shared conversations captured by Alexa devices from users who hadn’t activated the device with a "wake" word. In May 2022, Judge Lasnik dismissed some wiretap claims, ruling that registered Alexa users had consented to recording by agreeing to Amazon's terms of use. However, the case continues over allegations concerning unregistered users.

The plaintiffs, who moved for class certification in June, have faced multiple discovery disputes with Amazon. These include allegations that Amazon withheld critical text messages from employees—a claim the company denies. Additionally, Amazon was previously ordered to produce documents related to Alexa voice profiles, which could number in the millions.

Amazon Alexa Privacy Suit : Judge Criticizes Amazon's Legal Filings

The case has also seen tension over the length of Amazon’s legal filings. Last month, Judge Lasnik denied Amazon's request to file a 120-page summary judgment motion, calling it a "novella" and noting that lengthy filings are often verbose and waste judicial resources. Amazon had already been granted permission to submit a double-length 48-page motion but sought an even longer brief, which the judge rejected.

The users in the case are represented by firms including Byrnes Keller Cromwell LLP, Labaton Keller Sucharow LLP, and Robbins Geller Rudman & Dowd LLP. Amazon is represented by Fenwick & West LLP.