Smartphones and their built-in digital assistants have become ubiquitous, but growing lawsuits and tech analysis are raising serious questions about whether these devices are listening to and using private conversations — and whether companies are being held accountable.

1. The Big Question: Are Phones Listening?

On the Lock and Code cybersecurity podcast, hosts revisited a discussion on whether our phones actively “listen” to conversations to target ads or collect data. The episode, originally from 2025 and replayed in February 2026, featured Electronic Frontier Foundation technologist Lena Cohen who clarified a key point: while phones and their assistants (like Siri or Google Assistant) may not literally eavesdrop on every spoken word, the prediction of user behavior and ad targeting often feels indistinguishable from listening. The feeling of being “listened to” often comes from extensive background data collection, behavioral profiling, and other surveillance technologies that correlate our actions with what appears to be “hearing” us — even when audio isn’t actively recorded.

2. Major Lawsuits: Siri and Google Assistant in the Legal Spotlight

The question of phone listening has spilled into the courtroom in high-profile privacy lawsuits against major tech companies.

Apple & Siri — $95 Million Settlement

In a long-running class action lawsuit — Lopez v. Apple — Apple agreed to a $95 million settlement over allegations that its voice assistant Siri recorded private conversations without user consent and used that data in ways that violated privacy expectations. While Apple has denied any wrongdoing, the company agreed to settle the case to avoid prolonged litigation.

According to court filings and later media reports:

• Users alleged that Siri was activated unintentionally (without the typical “Hey Siri” command), leading to alleged recordings of private conversations.
• Those recordings, claimants argued, were then used in ad targeting or shared externally, though Apple denies selling or sharing Siri data for ads.
• Apple’s settlement covers U.S. device owners who experienced unintended Siri activations between September 17, 2014, and December 31, 2024. Eligible users could receive payouts up to about $20 per device (with a cap per claimant).

By early 2026, payments from the settlement began rolling out — with some recipients warned to check spam folders due to phishing concerns.

Google & Google Assistant — $68 Million Settlement

In similar fashion, **Google agreed to a preliminary $68 million settlement (subject to court approval) over claims that Google Assistant recorded private conversations triggered by false activations and then used that data in ways people didn’t consent to.

Users alleged that phrases the assistant mis-heard as its activation cue (“Hey Google,” “Okay Google”) triggered data collection that led to personalized advertisements, raising privacy concerns similar to those in the Apple case. Google also denies any wrongdoing, but the company opted to settle to avoid further legal risk and expense.

3. Why These Settlements Matter

The spate of lawsuits and legal settlements reflects broader public anxiety about how much personal information digital assistants and smartphones collect. Conversations often feel private — yet people report seeing ads for items they only spoke about silently — fueling the perception that devices are “listening” even when they’re not supposed to.

Experts argue this perception comes from companies collecting huge amounts of data points — from location and browsing to app usage and voice-trigger data — that allow targeted behavior predictions that mimic the effect of listening without constant audio surveillance.

4. What Users Can Do

• Review device privacy settings: Disabling or limiting voice assistant access where possible can reduce data collection.
• Check app permissions: Restrict apps from using microphones and other sensors unless necessary.
• Stay aware of legal rights: Participating in class-action settlements or privacy advocacy groups can help users assert control over their data.

Looking Forward

The legal pressure on major tech companies suggests regulators and courts are increasingly scrutinizing how digital assistants handle private data. Whether that will lead to stricter laws or new privacy protections remains to be seen — but for many users, the feeling that their phones might be “listening” will continue to shape debates around technology, ads, and personal privacy.