Walmart faces biometric privacy lawsuits over alleged collection of customers’ voiceprints

By Top Class Actions | July 28, 2026

Category: BIPA

Wide-angle shot of customers at a Walmart customer service desk — (Photo Credit: Habanero Pixel/Shutterstock)

Walmart class action lawsuits overview:

Who: Two Illinois consumers filed separate proposed class action lawsuits against Walmart Inc.
Why: The lawsuits allege Walmart collected and, in one case, disclosed customers’ voiceprints through its automated phone system without obtaining legal consent.
Where: The class action lawsuits were filed in Illinois federal and state courts.

Walmart is facing two proposed class action lawsuits accusing the retail giant of unlawfully collecting the voiceprints of Illinois customers who called local stores without first providing the disclosures or obtaining the written consent required by the Illinois Biometric Information Privacy Act (BIPA).

Plaintiff Amber Smith, who filed a lawsuit in Illinois federal court, alleges Walmart’s artificial intelligence-powered interactive voice system collected, stored and disseminated her voiceprint during calls she made to a Walmart store in Illinois in December 2025 and July 2026.

According to the complaint, Walmart never informed her in writing that it was collecting her biometric information, explained why it was being collected or how long it would be retained, or obtained her written consent before doing so.

A separate class action lawsuit filed in Illinois state court by Anthony Wilson advances similar allegations but also focuses on Walmart’s alleged disclosure of customers’ biometric information to third parties.

According to Wilson’s complaint, callers to Walmart stores hear an automated message stating, “This call and your voice may be recorded for business purposes, including fraud prevention.”

The class action lawsuit further points to Walmart’s online privacy notice, which allegedly states the company collects biometric information, including voiceprints, when consumers speak with customer service.

Wilson claims Walmart necessarily creates voiceprints to use callers’ voices for fraud prevention and alleges the company may also share those biometric identifiers with third-party vendors that help operate its automated customer service system.

Plaintiffs allege Walmart failed to comply with Illinois biometric law

Both lawsuits claim Walmart violated BIPA by collecting biometric identifiers without first satisfying the statute’s notice and consent requirements.

Smith alleges Walmart failed to develop and publicly disclose a written retention schedule explaining when collected biometric information would be permanently destroyed. She seeks to represent Illinois residents whose voiceprints were allegedly collected through Walmart’s AI voice system.

Wilson’s class action lawsuit includes an additional claim under Section 15(d) of BIPA, alleging Walmart unlawfully disclosed or disseminated consumers’ biometric information to third-party data storage providers, cloud service providers or other vendors involved in operating the retailer’s customer service phone system without obtaining customers’ consent.

Both plaintiffs seek statutory damages, injunctive relief requiring Walmart to comply with BIPA, attorneys’ fees and litigation costs. Under the statute, plaintiffs seek up to $5,000 per alleged willful or reckless violation or, alternatively, $1,000 per alleged negligent violation.

In another class action lawsuit, consumers accused Walmart of unjustly enriching itself by retaining tariff-related charges collected from customers after the tariffs were deemed illegal.

What do you think about the allegations that Walmart collected customers’ voiceprints without consent? Let us know in the comments.

Smith is represented by Blake Hunter Yagman of Yagman PLLC, while Wilson is represented by Eugene Y. Turin of McGuire Law P.C.

The Walmart class action lawsuits are Smith v. Walmart Inc., Case No. 1:26-cv-07861, in the U.S. District Court for the Northern District of Illinois, and Wilson v. Walmart Inc., Case No. 2026-CH-06260, in the Circuit Court of Cook County, Illinois.