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Key ECPA decision outlines important exceptions to the Wiretap Act

2/4/26

By: Michael Brown

On January 13, 2026, the U.S. District Court for the Northern District of Illinois issued a significant opinion in Lisota v. Heartland Dental, LLC and RingCentral, Inc., a case involving popular AI-enhanced recording tools in healthcare operations. The plaintiff was a dental patient who alleged her dental provider and its telecom vendor, RingCentral, violated the Federal Wiretap Act by using AI‑powered call‑recording and analysis tools without her knowledge or consent.

According to the putative class action complaint, Heartland, which is a large dental service organization, used RingCentral’s AI‑enhanced telephone system to record, transcribe, summarize, and analyze patient calls. The purpose of these tools was to help triage calls and assist in scheduling. The plaintiff asserted that she was never informed that third‑party AI tools were monitoring her conversations and never consented to such data collection. As such, she asserted that the defendants’ use of the technology violated the Electronic Communications Privacy Act (the “ECPA,” which is also known as the “Wiretap Act.”)  

Both defendants filed motions to dismiss, arguing that their use fell within one of the ECPA’s exceptions for a “a provider of wire or electronic communication service in the ordinary course of its business.” The Court found that RingCentral’s AI software fell squarely within this exception, and that Heartland could not be liable simply for procuring RingCentral’s services.

The Court’s analysis provides a helpful discussion of the contours of the ECPA and its exceptions. At a time when AI-enhanced transcription services are increasingly common, the Northern District of Illinois has provided helpful guidance for companies who want to use this technology.

For more information please contact Michael Brown at michael.brown@fmglaw.com or your local FMG attorney.

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