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TOGETHER WITH:

Howdy, Fam!

A judge ruled on AutoNation's AI call recording lawsuit this week. Case closed, right?

Not really. The ruling settled the "who has jurisdiction" question and left the actual "is this even legal" question sitting right where it was.

Also in today's email:

  • The one word that actually protects you if you're using AI call tech

  • Why VW's best U.S. quarter in two years might not mean what it looks like

  • What's already running out before summer even gets going

Keep Pushing Back,
—Chris with Paul, Kyle & Kristi

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A Judge Just Sidestepped the Real Question About AI and Customer Calls

A federal judge dismissed a privacy lawsuit against AutoNation over AI call recording, but the ruling was about jurisdiction, not about whether recording calls without consent is actually okay.

A federal judge dismissed a proposed class-action lawsuit accusing AutoNation of using AI to record, transcribe, and analyze customer calls without consent. The plaintiff argued the practice violated California's strict privacy laws.

The case turned entirely on jurisdiction. Judge André Birotte Jr. ruled that AutoNation never specifically targeted California with the technology, noting the platform runs nationwide and California accounts for less than 17% of the dealerships using it.

AutoNation was merely operating a nationwide system that incidentally reached California through its subsidiaries.

— Judge André Birotte Jr.

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The Lawsuit Lost on a Technicality, Not on the Merits

Nothing about this ruling says AI call recording without consent is legal. It says this specific plaintiff couldn't prove AutoNation was aiming its practices at California specifically, so the court didn't have jurisdiction to hear the case at all.

Why California Almost Got This One

California has some of the strictest call-recording consent laws in the country, and Invoca, the AI platform AutoNation used, happens to be based there. There's a broader precedent worth watching here too, extending to how dealership websites handle cookies and tracking across state lines.

What This Actually Means If You're Using Call AI

Don't read this ruling as a green light. The more durable protection isn't a legal technicality; it's transparency. If your dealership uses AI to record, transcribe, or analyze customer calls, telling customers that upfront protects you regardless of how any future lawsuit's jurisdiction shakes out.

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