Walmart class action alleges retailer illegally collects, stores, uses customer biometric data

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Walmart class action lawsuit overview:

• Who: James Luthe filed a class action lawsuit against Walmart.
• Why: Walmart allegedly collects and uses customers’ biometric data without their consent in violation of Illinois law.
• Where: The Walmart class action lawsuit was filed in Illinois federal court.

Walmart’s practice of collecting, storing and using customers’ biometric information without obtaining their informed written consent violates Illinois law, according to a recent class action lawsuit.

Plaintiff James Luthe alleges that Walmart stores in Illinois have cameras and advance video surveillance systems that surreptitiously collect customers’ facial scans.

Additionally, Walmart allegedly uses Clearview AI software to match customers’ facial scans against billions of facial scans in Clearview’s facial recognition database.

Walmart class action says retailer’s collection and use of biometric data violates BIPA

The Walmart class action lawsuit says the retailer scans, collects and stores customers’ biometric information without their knowledge or consent and does not inform them about the specific purpose and length of time for which this data will be collected, stored and used.

The Illinois Biometric Information Privacy Act (BIPA) was enacted to protect residents’ biometric information, which includes unique identifiers like fingerprints and facial scans. Unlike Social Security numbers or other data that can be changed if compromised, biometric information is unique to an individual.

If a person’s biometric information is compromised, they have no recourse and are at an increased risk of identity theft, the Illinois legislature determined.

BIPA requires private entities to inform people in writing that their biometric information is being collected or stored and the purpose and length of time for which it will be stored or used. The entities must also publish publicly available retention schedules and guidelines indicating when it will permanently destroy the biometric data.

BIPA also prohibits companies from selling, leasing or otherwise profiting from others’ biometric data. The Walmart class action lawsuit alleges the retailer violates this provision of BIPA by sending customers’ facial data through the Clearview Biometric Database without their knowledge or consent.

Luthe filed the Walmart class action lawsuit on behalf of himself and other Illinois residents whose biometric data was collected, stored, disseminated and/or used by Walmart without their consent.

This new Walmart class action lawsuit is just one of many to pile up against the retail giant in 2022. Walmart currently faces several recalls and class action lawsuits involving allegations of false advertising, misleading representations and failing to properly monitor its money transfer service.

What do you think about the Walmart class action lawsuit’s allegations that the retailer collects customers’ facial scans? Join the discussion in the comments!

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

The Walmart class action lawsuit is James Luthe v. Walmart Inc., Case No. 3:22-cv-02104, in the U.S. District Court for the Southern District of Illinois.

Read About More Class Action Lawsuits & Class Action Settlements:

• Illinois Central Railroad employee finger scan $3.8M class action settlement
• Snapchat biometric privacy $35M class action settlement
• Christian Dior class action alleges company illegally collects biometric data with virtual try-on feature
• YouTube class action alleges company stores facial data of those in videos