Chicago Lawsuit Alleges Bose Headphones Spy on Customers

According to a lawsuit filed this week in Chicago, one popular brand of wireless headphones may actually be sharing everything you listen to with someone else.

Kyle Zak alleges that the Bose quiet comfort headphones he bought for around $350 collected information about what he listened to when used with Bose sound connect, a smartphone app the company recommends to get the most out of its product.

"Our client found out that Bose was secretly tracking everything he listened to--from songs to audiobooks to podcasts," says attorney Jay Edelson.

Bose did not immediately respond to request for comment on the lawsuit.

The lawsuit says Bose never got Zak's permission to share his habits with others, even though the company’s privacy policy does say it collects information and shares it with third parties.

"People don’t read it and what needs to evolve is a custom where, if you do something out of the norm, you have to get consent," says Kent College of Law's Dean Harold Krent. "You have to have some kind of notice or check a box that your conversations will be captured and used for our marketing purposes."

Most users NBC 5 spoke with on the street Thursday were surprised to hear their headphones might be spying on them.

Edelson and his client are suing Bose for more than $5 million and are hoping that others will join what eventually could become a class action suit.

Edelson Bose could stand up tomorrow and say they will stop doing this and avoid a long federal lawsuit

To protect your privacy, simply delete the Bose connect app from your phone.

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