Home Depot is facing a class action lawsuit in Illinois over allegations that it secretly used facial recognition technology at self-checkout kiosks without informing customers or seeking their consent. The case, filed on August 1 in the U.S. District Court for the Northern District of Illinois, centers on alleged violations of the state’s Biometric Information Privacy Act (BIPA).
Plaintiff Allegations and Evidence
The lead plaintiff, Chicago resident Benjamin Jankowski, claims he discovered the system while using a self-checkout kiosk at a local Home Depot. According to the complaint, a camera above the kiosk displayed a green box around his face, suggesting facial scanning was taking place. Court filings state that no signage was posted to notify customers of biometric data collection and no staffed checkout alternatives were available at the time.
The lawsuit alleges that Home Depot began deploying “computer vision” technology in 2024 for loss prevention. Jankowski’s complaint includes photographic evidence of the green box on the kiosk screen and argues that the system amounted to undisclosed biometric surveillance. “There were no signs or warnings to let customers know about any facial scanning,” the filing states.
BIPA Requirements and Potential Damages
Illinois’ BIPA, enacted in 2008, is among the strictest biometric privacy laws in the United States. It requires companies to obtain written, informed consent before collecting biometric identifiers such as facial data, and to publicly disclose policies on data retention and destruction. Failure to comply can result in penalties of $1,000 per negligent violation and $5,000 per reckless or intentional violation.
Jankowski is seeking damages under these provisions and has asked the court to certify a class action representing all Illinois customers whose biometric information may have been captured at Home Depot self-checkouts. If approved, the case could expose the company to significant financial liability depending on the number of affected individuals and the court’s findings on whether violations were negligent or willful.
Growing Scrutiny of Retail Biometrics
The lawsuit highlights mounting legal and public scrutiny over biometric surveillance in retail environments. Retailers have increasingly turned to AI-driven computer vision systems for loss prevention and store security, but privacy advocates argue that these technologies risk overstepping legal boundaries when deployed without clear notice or consent. BIPA has become a key enforcement tool in such cases, prompting numerous lawsuits across industries ranging from social media platforms to staffing agencies.
Home Depot has not yet issued a public response to the lawsuit. The case underscores the ongoing tension between retailers’ interest in preventing theft and consumers’ rights to transparency and control over sensitive biometric data.
Sources: PetaPixel, Top Class Actions, Privacy Daily
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By the ID Tech Editorial Team
