Chicago man claims Bose headphones spied on him: suit

CHICAGO --  A Chicago man has filed a class action lawsuit claiming his noise-canceling Bose headphones spied on him.

The lawsuit alleges that when you wear certain headphones, or use certain speakers, Bose secretly collects your personal information and gives it to third parties.

Kyle Zak says he spent $350 to buy noise-cancelling headphones that would give him privacy -- not take it away.

"I’m kind of terrified every time I pick them up," he said.

Bose markets the headphones by claiming they are so good, nothing should come between you and your music.

“I felt very spied upon, because this is a massive amount of very specific information," he said.

Zak’s lawsuit claims when people plug their headphones into the Bose app, Bose knows everything you listen to.

"It tracks everything you’re listening to – that means songs, audiobooks and podcasts and then they send it down the line to data miners," said attorney Jay Edelson.

"Are you listening? Is it on or off? The songs. The artists. The podcasts. The titles. How long you’re listening to it. When you’re listening to it," Zak said, and that means your political affiliation -- even your sexuality -- could be up for grabs.

"Just because you’ve given me a product doesn’t mean you get to know everything about me all of the time," Zak said.

The lawsuit claims Bose has violated the Federal Wiretap Act and the Illinois’ eavesdropping law.

"A lot of these companies are using these types of everyday products to gather information about people," Edelson said.

Zak says he isn’t hiding anything. He just wishes Bose had asked their customers for permission, especially because what they were selling him was the idea of silence and seclusion.

"No one is losing privacy. People are taking your privacy. Don’t let them. Educate yourself," Zak said.

The lawsuit is asking for more than $5 million in damages.

Bose posted a statement to its customers on its website addressing the lawsuit and calling it misleading. They say the Bose app collects standard things to make your experience and their products better – but if you don’t use the app – they don’t collect any information.

Read Bose's full statement here.