Menards Class Action Says Customers Are Recorded At Return Counter

A former Menards employee claims that the company secretly records customers at return counters and secretly records employees in the break room.

Plaintiff Kenneth R. Bucholz says that he worked for Menards at store locations in both North Dakota and Wisconsin.

He says that during his employment, he was made aware that the company secretly records employees, guests, patrons, and others on the premises with electronic devices.

The Menards class action lawsuit asserts that the company’s practice of secretly recording individuals amounts to a violation of the Wisconsin Electronic Communications Privacy Act and the U.S. Electronic Communications Privacy Act.

Bucholz goes on to say that many employees are unaware that the company is secretly recording them and others and storing those recordings.

Allegedly, Menards does not make a habit of notifying employees that their policy is to record the premises, nor do they have signs up notifying customers that they may be recorded.

The Menards secret recording class action lawsuit asserts that the company can eavesdrop electronically on the recordings from inside a security office in each store.

Additionally, the Menards customer recording class action lawsuit says that Menards has the ability to and has in fact listened to the recording devices from its corporate office, regardless of what state the recordings were made.

The Menards employee recording class action lawsuit goes on to say that Buchholz was recorded while he was an employee — allegedly he was recorded both in the break room and elsewhere, in both of the stores in which he worked.

Bucholz goes on to say that he was also recorded and eavesdropped on as a customer, saying that he patronized numerous Menards locations. Allegedly, he made returns to the return desk and was recorded at that point.

The Menards eavesdropping class action lawsuit says that it was not until March 28, 2019 that Buchholz became aware that he was being recorded, when he discovered the recording devices.

Bucholz says that he did not consent to being recorded or eavesdropped on at any point in his employment. Similarly, he says that other customers have not given their consent to be recorded nor have they been made aware that they are being recorded. He claims that his and others’ privacy was violated by this practice.

Allegedly, there is a “notice” posted by Menards that the company audio records the store, but it is not posted in a way that customers could see it easily, nor is it posted in all of the stores.

Bucholz says it is situated so that customers would only be able to see the sign if they exited through the entrance doors. However, the stores are allegedly set up so that this is highly unlikely.

The plaintiff is represented by Peter J. Nickitas of Peter J. Nickitas Law Office LLC.

The Menards Secret Recordings Class Action Lawsuit is Kenneth R. Buchholz v. Menard Inc., Case No. 3:19-cv-00555, in the U.S. District Court for the Western District of Wisconsin.

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