Kohl’s class action alleges retailer obtains customer biometric data without consent

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Kohl’s customer biometric data class action lawsuit overview: 

• Who: Terrell Terry filed a class action lawsuit against Kohl’s Inc. 
• Why: Terry claims Kohl’s unlawfully collects and stores the biometric data of its customers without their knowledge or consent. 
• Where: The class action lawsuit was filed in Illinois federal court. 

Kohl’s collects and stores the biometric information of its customers without their knowledge or consent, a new class action lawsuit alleges. 

Plaintiff Terrell Terry claims Kohl’s uses cameras and “advanced video surveillance systems” in its stores to collect, store and use the biometric data of its customers. 

Terry argues Kohl’s neither notifies its customers that their biometric data is being collected nor obtains their consent prior to collecting it as required by the Illinois Biometric Information Privacy Act (BIPA). 

“Kohl’s did not and does not adequately disclose its Biometric Data collection practices to its customers,” the Kohl’s class action states. 

Kohl’s class action alleges accompany uses software to match biometric data with facial scans stored in ‘massive’ database

Kohl’s is also able to match up the biometric data it collects from its customers — using software provided by Clearview AI — with billions of facial scans stored in Clearview AI’s “massive facial recognition database,” the Kohl’s class action alleges.  

“Kohl’s does not notify customers of this fact prior to store entry, nor does it obtain consent prior to disseminating or disclosing its customers’ Biometric Data through Clearview’s Biometric Database,” the Kohl’s class action states. 

In addition to allegedly violating BIPA, Terry claims Kohl’s is guilty of unjust enrichment. He demands a jury trial and requests declaratory and injunctive relief along with an award of statutory damages for himself and all class members. 

Terry wants to represent an Illinois class of consumers who have had their biometric data “collected, captured, received, obtained, stored, sold, leased, traded, disclosed, redisclosed, disseminated and/or otherwise profited from and/or used” by Kohl’s without their consent.

In April, Kohl’s and Walmart agreed to pay $5.5 million to resolve claims from the government that the companies falsely marketed their rayon-based products as “eco-friendly.” 

Have you had your biometric data collected and stored by Kohl’s without your knowledge or consent? Let us know in the comments! 

The plaintiff is represented by Joseph P. Guglielmo of Scott+Scott Attorneys at Law LLP, and Gary M. Klinger and Blake Hunter Yagman of Milberg Coleman Bryson Phillips Grossman, PLLC. 

The Kohl’s class action lawsuit is Terry v. Kohl’s Inc., Case No. 1:22-cv-04625, in the U.S. District Court for the Northern District of Illinois.

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