Class Action Lawsuit: Walmart Illegally Captures Biometric Data Through Self-Check-Out Kiosk Video Cameras

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Walmart, Inc. is on the receiving end of a proposed class action lawsuit that takes issue with the mega-retailer’s use of video cameras at self-check-out kiosks that the plaintiff claims record up-close images of consumers’ personal identification information—including eye and hair color and facial features. The plaintiff argues Walmart’s video recording policy runs afoul of California’s Song-Beverly Credit Card Act, which the suit explains prohibits retailers from requesting certain information as a condition of accepting credit card payment.

At the center of the case is the plaintiff’s charge that the cameras at Walmart’s self-check-out kiosks serve a role that goes beyond routine security surveillance:

“This camera is utilized to capture information about the cardholder … separate and apart from traditional security cameras that are present throughout the store. Simply stated, the cameras utilized at self-check-out kiosks are not used exclusively for security purposes, but instead provide [the defendant] with valuable biometric data concerning [the plaintiff] and members of the class and/or retain the ability to do so." 

This lawsuit has recently been removed to federal court for California’s Southern District.