Target Facing Class Action Lawsuit Over Use of Facial Recognition Tech in NYC Stores

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action lawsuit alleges that cameras monitoring self-checkouts at Target stores in New York City secretly and illegally capture customers’ facial scans.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 21-page privacy lawsuit accuses Target of violating the New York City Biometric Identifier Information Law (NYC BIIL), a local law enacted in 2021 that is designed to regulate the collection and use of residents’ permanent, unique biometric information, such as retina scans, voiceprints, fingerprints or face geometry scans. According to the complaint, the big-box retailer has failed to comply with a section of the NYC BIIL that requires companies to post signs at each entrance clearly informing customers if their biometric data is being collected, retained, converted, stored or shared.

The filing claims Target has hundreds of cameras equipped throughout its stores, including cameras that actively monitor self-checkout lanes, all of which use the defendant’s patented facial recognition technology to capture and store shoppers’ biometric identifiers.

“None of [the] defendant’s stores in New York City display this sign,” the case contends.

Per the suit, Target has invaded the privacy rights of thousands of customers by failing to disclose its biometric data collection practices. Indeed, the filing notes, the NYC BIIL was passed to ensure residents are properly informed about the serious risks associated with the collection, storage and use of biometrics.

For example, the complaint says that if Target’s “database of digitized biometric identifier information were to fall into the wrong hands, by data breach or otherwise, the customers to whom these sensitive and immutable biometric identifiers belong could have their identities stolen, among other serious issues.”

The suit shares that Target’s technology—which also performs pedestrian, clothing and body-shape recognition—allows it to track customers’ data as they move throughout the store and can be employed to find lost children. In addition, another biometric information lawsuit filed against Target earlier this year alleges the company uses its facial recognition systems to combat shoplifting.

The lawsuit looks to represent any individuals who had their biometric identifier information collected, captured, received or otherwise obtained and/or stored by Target upon visiting one of its New York City stores.

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.