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'When a new app download or update prompts consumers with a multi-page terms of use agreement somewhere in the fine print, Active Listening is often included.'

This could explain how CMG is getting away with this in states with wiretapping laws that prohibits recording somebody without their knowledge, like California.

CMG did not immediately respond to DailyMail.com's request for comment, and has not yet responded to similar inquiries from other news sites, including Futurism and Gizmodo. 

https://www.dailymail.co.uk/sciencetech/article-13805393/Facebook-partner-brags-listening-phones-microphone-serve-ads.html