CVS class action claims retailer collects biometric data when creating passport photos

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CVS passport photos class action lawsuit overview: 

• Who: Denise Daichendt and Ada “June” Odell filed a class action lawsuit against CVS Pharmacy Inc. 
• Why: Daichendt and Odell claim CVS violated Illinois’ biometric privacy law with its passport photo practices. 
• Where: The class action lawsuit was filed in Illinois federal court. 

CVS Pharmacy violated Illinois’ biometric privacy law with its passport photo practices, an amended class action lawsuit alleges. 

Plaintiffs Denise Daichendt and Ada “June” Odell claim CVS violated the Illinois Biometric Information Privacy Act (BIPA) by allegedly failing to inform customers it uses software that scans their facial geometry when their picture is taken. 

Daichendt and Odell argue CVS uses the digital system, made by Kodak, to make sure the passport and other ID photos meet the correct head, size, facial expression and eye position requirements, Law360 reports. 

U.S. District Judge Robert Gettleman previously dismissed the CVS passport class action lawsuit; however, he OKed the amended complaint after ruling the plaintiffs addressed the original deficiencies. 

Daichendt and Odell want to represent an Illinois class of consumers who had their biometric information collected, stored and used by CVS. 

CVS failed to obtain consent from customers before collecting biometric data, passport class action says

In their amended complaint, Daichent and Odell allege the photo system CVS uses would have to scan their faces to determine whether their eyes or mouth are open or closed. 

Judge Gettleman, when originally dismissing the claim, ruled Daichent and Odell failed to allege CVS could use the facial data to identify them, Law360 reports. 

Daichent and Odell argue CVS, while needing to collect the biometric information to properly certify their passport photos, failed to first obtain consent and inform them about its biometric data collection practices, as required by BIPA. 

The class action lawsuit was originally filed in Illinois state court last May; however, CVS has since had the complaint removed to federal court, Law360 reports. 

In other CVS news, a consumer filed a separate class action lawsuit against CVS in December 2022 over claims the company falsely advertised the antiplaque and gingivitis benefits of a pair of its CVS Health brand toothpastes. 

Have you had your biometric data collected, stored or used by CVS? Let us know in the comments! 

The plaintiffs are represented by Gary M. Klinger and Andrei V. Rado of Milberg Coleman Bryson Phillips Grossman PLLC.

The CVS passport photos class action lawsuit is Daichendt, et al. v. CVS Pharmacy Inc., Case No. 1:22-cv-03318, in the U.S. District Court for the Northern District of Illinois.

Read About More Class Action Lawsuits & Class Action Settlements:

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