Read the complaint and it is pretty shaky, notably it seems to say that, because wake word detection is not 100% accurate (as in, 0 margin for error), Apple should advertise "we are recording your conversations covertly" just because the phone can sometimes trigger wake word detection on something that isn't the wake word (hey siri).

Also Reuters reports " and disclosed these conversations to third parties such as advertisers." but I don't actually see that in the initial complaint interestingly.