Wisconsin residents file class-action lawsuit against Microsoft, alleging 'unreasonable and excessive noise' from data center

A data centre is usually where the so-called magic of any larger scale AI workload actually happens. In order to fulfill its AI ambitions, big tech has overseen a rapid infrastructure build out. Resource-intensive and often loud, they make for exceptionally poor neighbours.

Wisconsin residents filed a class-action lawsuit against Microsoft on Wednesday, alleging that the company’s Fairwater data centre situated in Mount Pleasant emits “unreasonable and excessive noise onto Plaintiffs’ properties.” The suit is seeking an unspecified amount in damages. The filing alleges that the source of the noise pollution is “diesel generators and heating, ventilation, and air conditioning (HVAC) systems, including chillers, cooling towers, air-handling units, and condenser fans” (via Law360).

Speaking of class, the filing defines this as “All owner-occupants and renters of residential property residing within one and one-half (1.5) miles of Defendant’s Data Center at any time within the applicable statute of limitations.” Reportedly, that could end up including more than 1,000 homes.

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It’s also alleged that this industrial noise can see the community facing levels between 48 to 60 decibels. However, the residents also allege the data centre creates a ‘low hum’ of infrasound that is not easily measured by the A-weighted decibel scale, and therefore is not subject to most municipal noise ordinances. One plaintiff claims they had to change their work schedule as “the constant noise [affected] his sleep.”

As for Microsoft, the company committed $7 billion to the construction of Fairwater in the hopes it would become the ‘the world’s most powerful AI data center’. Microsoft has been aware of some of its sound issues since at least April this year. It said in a blog post at the time that it was investigating the cause and that, “Microsoft prides itself on being a good neighbor in the communities where we operate.”

On June 18, the company claimed to have put a number of noise mitigations in place, writing, “Several neighbors confirmed what our independent monitoring showed: that these mitigations fully resolved the issue.”

However, the class-action lawsuit was then filed July 1, implying these mitigations may not have pleased all parties affected. The filing alleges, “Defendant has failed to follow proper industrial practices to prevent the offsite emission of noise, and has failed to absorb, capture, mitigate, and/or prevent noise from escaping its Data Center, thereby invading the homes and properties of Plaintiffs and the Class.”