Retailer Target has been hit with a class action lawsuit accusing it of allegedly violating Illinois' biometrics privacy law by using video surveillance, allegedly including facial recognition, to identify shoplifters and combat theft.
The suit, filed March 11 by named plaintiff Arnetta Dean in Cook County Circuit Court, accuses Target of using video surveillance systems in its stores to collect biometric data from customers without their informed written consent.
The complaint alleges that Target's actions are in direct violation of the Illinois Biometric Information Privacy Act. The lawsuit asserts the law prohibits private entities from obtaining or possessing an individual's biometric data unless they inform the person in writing about the collection and storage of such data, provide details about the purpose and duration of its use, obtain a written release from the person, and publish publicly available written retention schedules and guidelines for permanently destroying the data.
According to the lawsuit, Target has been actively collecting biometric data from thousands of Illinois residents who have entered its stores. The company has not notified customers about this practice prior to store entry nor obtained their consent before collecting their biometric data.
The lawsuit notes Target has developed the system to assist in identifying and addressing shoplifters stealing merchandise from their stores.
The lawsuit seeks to expand the action to include potentially thousands of additional plaintiffs.
The lawsuit could potentially carry a massive price tag.
The law permits plaintiffs to demand damages of $1,000-$5,000 per violation. The Illinois Supreme Court has interpreted the BIPA law to define individual violations as each time a user's biometrics are scanned over a period of the preceding five years, not just the first time. Damages could be multiplied across thousands of plaintiffs, including some whose faces were allegedly scanned multiple times by Target's cameras.
Plaintiffs are represented by attorneys Kenneth A. Wexler and Justin Boley, of Wexler Boley & Elgersma, of Chicago; and Israel David and Blake H. Yagman, of Israel David LLC, of New York.