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7-Eleven BIPA Class Action Lawsuit Overview:
- Who: Ryan Hess, Carolyn Johnson, Thomas McKee and Barbara Moss filed a class action lawsuit against 7-Eleven, Inc.
- Why: Hess, Johnson, McKee and Moss claim 7-Eleven violates the Illinois Biometric Information Privacy Act by using facial recognition technology to collect the biometric data of its customers without their consent.
- Where: The class action lawsuit was filed in Illinois federal court.
7-Eleven uses facial recognition technology to collect and store the biometric data of its customers without their consent, a new class action lawsuit alleges.
Plaintiffs Ryan Hess, Carolyn Johnson, Thomas McKee and Barbara Moss claim 7-Eleven locations in Illinois use cameras and advanced video surveillance systems to “surreptitiously” capture the biometric data of customers who enter the store.
“7-Eleven does not notify customers of this fact prior to store entry, nor does it obtain consent prior to capturing and collecting its customers’ Biometric Data,” the 7-Eleven class action states.
Hess, Johnson, McKee and Moss claim 7-Eleven is violating the Illinois Biometric Information Privacy Act (BIPA) by taking the facial scans and collecting biometric data without consent.
7-Eleven ‘Failed To Comply’ With Duties Set Forth By Law, Class Action Claims
7-Eleven would have to inform customers it was collecting their biometric data, obtain written consent to do so and provide its data retention or destruction policies to be in compliance with BIPA regulations.
“Defendant failed to comply with its duties under Illinois law,” the 7-Eleven class action states.
Hess, Johnson, McKee and Moss claim 7-Eleven has been investigated for its use of facial recognition technology to collect biometric data, which they say the retailer has acknowledged using at its Thailand locations since 2018.
Further, 7-Eleven was found to have “interfered with customers’ privacy by collecting their face prints without their information or consent” by the Australian information commissioner and privacy commissioner last year, according to the 7-Eleven class action.
Hess, Johnson, McKee and Moss are demanding a jury trial and requesting injunctive relief along with statutory damages for themselves and all class members.
They want to represent an Illinois class of consumers who have had their biometric data collected, captured, received or otherwise obtained and/or stored by 7-Eleven.
A separate class action lawsuit was filed against 7-Eleven in February over claims the company misleads customers by marketing that JUUL e-cigarettes are safer than traditional cigarettes.
Have you had your biometric data collected without your consent? Let us know in the comments!
The plaintiffs are represented by Gary M. Klinger and Alexandra M. Honeycutt of Milberg Coleman Bryson Phillips Grossman PLLC, Katrina Carroll of Lynch Carpenter LLP and Jonathan M. Jagher of Freed Kanner London & Millen LLC.
The 7-Eleven BIPA Class Action Lawsuit is Hess, et al. v. 7-Eleven, Inc., Case No. 1:22-cv-02131, in the U.S. District Court for the Eastern District of Illinois.
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40 thoughts on7-Eleven Class Action Alleges Retailer Violates Customers’ Biometric Privacy
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I have a 711 next to my house and I have every reason to be involved in this case.
Add me pls
Add me. I live across from it and so convenient to get my gas and cigarettes on my way to work.
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I shop in &-11 and am a rewatrds member to boot.