Disneyland class action overview:
- Who: A Disney theme park visitor filed a class action lawsuit against The Walt Disney Co. and Disney DTC LLC.
- Why: The plaintiff claims the companies collect facial recognition data from visitors without consent.
- Where: The class action lawsuit was filed in New York federal court.
A new class action lawsuit alleges Disney collects facial recognition data from visitors to its theme parks without their consent.
Plaintiff Summer Christine Duffield filed the Disneyland class action lawsuit against The Walt Disney and Disney DTC on May 15 in New York federal court, alleging violations of state and common law.
Duffield claims Disney violates privacy laws by collecting facial recognition data from visitors to its theme parks without obtaining adequate consent.
“Guests should be able to expressly opt in to this type of sensitive facial recognition technology with written consent – the onus of privacy rights should not be on the victim,” the Disneyland class action lawsuit says.
Duffield argues Disney’s popularity exacerbates the issue, as its theme parks are widely visited and marketed as safe family destinations. She claims Disney collects facial recognition data from children without proper consent despite knowing the legal implications.
Class action alleges Disney avoids alternative solutions
The plaintiff argues Disney is aware of facial recognition laws and avoids offering certain services in states with strict biometric privacy laws, such as Illinois, Portland, Oregon, Washington, Nevada and Texas.
Duffield claims Disney’s practices contradict its public statements about the security and confidentiality of visitor information.
She argues Disney’s lack of transparency regarding its use of facial recognition technology and its inadequate opt-out options leave visitors unaware of the data collection, retention and use.
Duffield claims Disney’s actions violate the privacy rights of both adults and children, as biometric data is highly sensitive and cannot be changed once collected.
The plaintiff is demanding a jury trial and requesting actual and statutory damages, restitution, disgorgement of profits, declaratory and injunctive relief, and attorneys’ fees on behalf of herself and all class members.
Currently, Disney is facing allegations its ESPN website used tracking technologies to collect users’ data, such as browser and device type, screen resolution and operating system, without consent.
What do you think of the allegations made in this Disney class action lawsuit? Let us know in the comments.
The plaintiff is represented by Blake Hunter Yagman of Yagman PLLC.
The Disneyland class action lawsuit is Summer v. The Walt Disney Company, et al., Case No. 1:26-cv-04072, in the U.S. District Court for the Southern District of New York.
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