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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.
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1,185 thoughts onWalmart Class Action Claims Self-Checkout Videos Violate Privacy Law
Please add me to this lawsuit.
Please add me to the lawsuit.
Please add me to the list.
Add me. I’ve had to change my debit card 3 times last year from someone using my number and charging things costing $200+ dollars. Never had this problem til this self checkout crap
Please sign me up for this class action sue.
I’m a senior citizen and went to Walmart I don’t go out much I used my debit card at the self checkout and a week later my bank account was hacked and someone tried tbuy I phone computer s and other things I’m on a fixed income and didn’t have any money left in my account I had to pay over draft fees and everything i haven’t been back to Walmart since
What does that have to do with Walmart? You’re psycho
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Walmart is denying footage of employees accusing me of theft publicly while only partially through my self checkout. They attempted 3 times and failed. First allegation was I was scanning one while bagging two. Second was a gallon of paint I had scanned as first item and then sat on floor due to getting a second cart and putting it in first under lighter items, third, was their statement that they knew I had to have stolen something….. so they proceeded to just rescan every item. Only to every time being completely wrong. I have never been accused of stealing anything in my life. They kept me until approximately 11:30 that night. I have my receipt. Also throughout this I ask more than once for their names and am not acknowledged until I get my phone out and take a picture which I have, at that point a third employee comes very harshly at me to put my phone up or she would have Clanton PD escort me out. I currently have an attorney handling this but since their attorney stated they no longer have footage he has not communicated with me on any further strategy. I am very very concerned about this and have no idea what to do next. There is a court date scheduled for Feb 2 at 9:00am, but as I stated the attorney has not communicated as to what is transpiring. I suggested subpoenaing employee records but have not heard anything of that as well.
I go go walmart on a daily I have been harrassed and circled bu walmart workers who laugh and whisper as i scan my items but theres people on each side of me in back of me and yet im the only one being stopped checked it isembarrassing as i make more enemies in walmart as it usedto be a friendly welcoming store now with these self checkouts they only watch native americans im a working mother and pay my bills and taxes yet i get treated like crap everytime I entdr the store .. My bank card did not work after going ghrough self check out its saturday and you can never find down to earth customer services as they are all so young and rudd and disrespectful.. Im tired of The Walmart here in SiouxCity Iowa on Floyd blvd.. The service is only picking and choosing to humiliate Native Americans not every native american is a thief or steals.. I work for a living andto have to go to walmart is just annoying anymore.. its not friendly happy workers its crappy young kids who think they can harrass you or intimidate you because thd work there..
Please add me as well.
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please add me i actually got arrested because of a self checkout error i was double charged for some items and some never scanned on a 150 dollar order
It doesn’t help that I work 2nd shift and have to go to Walmart at 1-4am. They never have a real register open and I am forced to check myself out. I run a animal rescue and recently ran into being called a thief because the attendant didn’t scroll far enough up on the transaction to see the three 50lb bags of dog food I ha d scanned first. It ended peacefully after I produced the receipt but he waited until I was about to walk out and came at me like a mad man. “Ma’am I know you didn’t scan those bags of dog food, your going to go to jail if you don’t stop!” Needless to say he never makes eye contact with me now when I go in. I never reported him but I should have now knowing they watch from above, below and in between and they still don’t use the advanced cameras to their advantage. I also had my car keys stolen in Walmart once and know the camera from above is so good it can read barcodes.
I feel violated now !!