Google Ads has posted new call and messaging ads terms that advertisers need to agree to in order to use those ad products. Anthony Higman posted about it on X and said, "There are some important new updates here."
Anthony explained the new terms listen and record everything from chats, messages, phone calls and other. If something goes wrong, it is the advertiser's responsibility, not Google's. Google can use these recordings to train, maybe AI, and the liability is on you, not Google.
Here is how Gemini explained the terms to me, I am not a good lawyer, so in this case, I am using AI, which I almost never do.
- Google is Watching/Listening: By using these features, you agree that Google can record and monitor a sample of your calls, texts, and chats. They do this to check the quality of their ad programs.
- Take it or Leave it: If you don't agree to being recorded, you aren't allowed to use the "Communication Features" (like click-to-call or click-to-message ads).
- You Are Responsible for Warning People: You must tell your employees, agents, or anyone answering these communications that they are being recorded. You must get their explicit permission before you start using these features.
- Third-Party Rules: If you are an agency running ads for a client, you must tell that client about the recording, get their permission, and make sure they have also warned their own employees.
- The HIPAA "No-Go": Google’s recording system is not HIPAA-compliant.
- If you or your client are a "Covered Entity" (like a doctor’s office, hospital, or health insurer) that handles private medical data, you should not accept these terms.
- By clicking "Accept," you are legally promising that you are not handling protected health information through these ads.
- Note: If you are a medical professional, the text says you should contact a Google rep directly to ask for an exemption from recording so you can still use the ads safely.
- Follow the Law: You promise to follow all telemarketing and privacy laws, such as the Telephone Consumer Protection Act (TCPA), which regulates how businesses can contact consumers.
Here is Anthony's screenshot:
Forum discussion at X.
