Walmart Class Action Claims Self-Checkout Videos Violate Privacy Law

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A class action lawsuit removed to federal court this week alleges that the video recordings Walmart takes of its customers using the self-checkout option violates California privacy laws.

Lead plaintiff Joseph Carlos Valesquez claims in his class action lawsuit that his image was captured by Walmart while making credit card transactions. The plaintiff alleges that this violates California’s Song-Beverly Credit Card Act.

“Defendant’s video recording at its self-checkout kiosks captures customers’ personal identification information, to wit, their eye color, hair color, and facial features, in conjunction with a credit card transaction,” alleges the Walmart class action lawsuit. “In so doing, defendant puts its customers at risk of the very dangers the Legislature sought to avoid [in enacting Song-Beverly].”

Valesquez contends that the technology used at Walmart’s self-checkout captures more detailed recordings than other surveillance video recordings.

“The video recording is different from standard security camera footage in that it records personal identification information on a granular level in accurate detail,” alleges the Walmart self-checkout class action lawsuit. “Plaintiff had no means to avoid his image being recorded, as Walmart requires that each customer be recorded on this video when they utilize the self-check-out kiosk.”

The plaintiff says the details are captured not only for security purposes but to also record the biometric information of Walmart customers.

The Walmart class action lawsuit states “the cameras utilized at the self-check-out kiosks are not used exclusively for security purposes, but instead provide Defendant with valuable biometric data concerning Plaintiff and members of the class and/or retain the ability to do so.”

According to the Walmart self-checkout video class action lawsuit, the level of detail in the Walmart recordings also creates a risk of identity theft.

“Defendant’s video recording subjects consumers, including plaintiff, to the potential threat of onerous harassment, including but not limited to, identify theft, marketing campaigns, and unwelcome, distasteful, or otherwise threatening communications,” alleges the plaintiff in his Walmart class action lawsuit.

The Walmart video recording class action lawsuit alleges that Walmart’s self-checkout recording violates California privacy laws, particularly a law that prohibits companies from recording credit card holder’s personal information to complete a transaction.

“The California legislature enacted this statute in response to the recognized dangers associated with permitting retailers to collect and maintain consumers’ personal identification information, finding that the practice put the physical safety of consumers at risk and jeopardized consumers’ financial security and credit rating, clue to identity theft and fraud,” notes the Walmart class action lawsuit.

The plaintiff seeks to represent a Class of California consumers who used Walmart’s self-checkout stands starting on April 18, 2017 and were recorded.

Valesquez is seeking monetary damages as well as recovery of any unjust enrichment Walmart received from its alleged wrongful conduct.

The plaintiff is represented by Todd D. Carpenter and Brittany C. Casola of Carlson Lynch Sweet Kilpela & Carpenter LLP and Jeffrey D. Kaliel and Sophia Gold of Kaliel PLLC.

The Walmart Self-Checkout Video Recording Class Action Lawsuit is Valesquez v. Walmart Inc., Case No. 3:18­-cv­-01004, in the U.S. District Court for the Southern District of California.

UPDATE: On July 9, 2018, Walmart filed a motion to dismiss a class action lawsuit alleging the retailer’s use of security cameras that record customers’ faces at self-checkout registers violates California privacy laws.