That’s not really relevant. The recordings were never made in secret, but the data was misused.

The plaintiffs alleged Amazon designed the technology “to illegally and surreptitiously intercept billions of private conversations” that extended beyond commands aimed at Alexa.

?

Oh, perhaps I was thinking of another lawsuit. Anyway, that’s a lawsuit, and doesn’t constitute any proof by itself - but it would be very interesting to see if there were any, especially since Amazon did take great pains yo specifically design their Echo products, at least in the beginning, to not record any audio when not explicitly invoked by the user.