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Customers of three affiliated Kroger stores in suburban Illinois have filed a class action lawsuit against the supermarket giant over claims their privacy was violated by the company’s security systems.
Plaintiffs Diane Arnold and Jennifer Stewart filed their class action lawsuit against The Kroger Company, its subsidiary, Roundy’s Supermarkets Inc., and its subsidiary, Mariano’s in the Circuit Court of Cook County, Illinois on Aug. 28.
The shoppers, one of whom is also a store employee, say the security cameras and facial recognition software used at two Mariano’s markets illegally collected their “biometric data” without their consent.
The plaintiffs allege that the stores failed to have a policy in place governing the retention and required destruction of the biometrics captured by the system.
In their Kroger stores class action, they accuse the stores of violating the state’s Biometric Information Privacy Act by scanning the faces of everyone who passes in front of security cameras at the entrance and exit of two of the markets. The scanning systems reportedly map the geometry of each person’s face and picks up distinguishing markers. Allegedly, this violates state privacy law requirements.
In 2008, state lawmakers enacted the Illinois Biometric Information Privacy Act to help consumers address the growing risk of identity theft with new technology that relies on the processing of biometric data.
Identity theft by conventional means – using a person’s personal and financial information – is dangerous, but victims can change their account numbers, passwords and access codes to reestablish their identities on paper. Unlike these victims, victims of biometric identity theft cannot change their physical identifiers.
To protect the public, BIPA prohibits private entities, like stores, from collecting biometric data without informed written consent and requires them to have a written policy for the retention and destruction of that information. Private entities are also barred from disclosing biometric data collected without written consent and from profiting from disclosure even if consent is obtained.
The law also demands that private entities protect all collected biometrics in a “similar, if not more protective, manner” than they do “other confidential and sensitive information,” such as Social Security numbers and passcodes.
Stewart, who works and shops at a Mariano’s location, said she learned about the existence of the facial recognition system when she overheard fellow employees talking about it. Stewart noted that she saw the cameras at the entrance and exit of the store and one in the employee break room. She was allegedly “able to see images on the computer monitors in the store’s office that loss-prevention workers could pull up from the cameras.”
Arnold, a regular shopper at two Mariano’s markets, found out about the biometric security system through testimony in another case – a personal injury matter – related to the stores, the class action lawsuit says.
While giving testimony in that case, a Mariano’s district manager in charge of 22 stores revealed that the company was using the facial recognition system at the entrances and exits and that they “shoot upwards so as to collect facial recognition data even from visitors wearing hats, hoodies, et cetera.”
The grocers reportedly use the biometric security system to identify shoplifters, but they have not gotten the legally required consent to use the systems to scan customers or employees, the class action lawsuit says.
In addition to gathering the biometric information, the plaintiffs say Mariano’s shared it with Roundy’s Supermarkets, Kroger and the companies’ third-party biometric device and software vendor, which they also claim is unlawful without their consent.
Arnold and Stewart are seeking the court’s approval to represent a Class of people who have been scanned by facial recognition biometric security systems at either Kroger, Roundy’s, Roundy’s Illinois or Mariano’s markets. They are asking for damages of $1,000 for each negligent violation of the Illinois Biometric Information Privacy Act and $5,000 for each willful violation of the privacy laws.
Have you shopped at a Mariano’s, Roundy’s or Kroger grocery store and been scanned by a facial recognition biometric security system without your written consent? Tell us about it in the comment section below.
Arnold, Stewart and the other proposed Class Members are represented by Daniel Gustafson, Raina Borrelli and Kaitlyn Dennis of Gustafson Gluek PLLC and Ryan Stephan, James Zouras and Haley Jenkins of Stephan Zouras LLP.
The Kroger Stores Class Action Lawsuit is Diane Arnold, et al. v. Roundy’s Supermarkets Inc., et al., Case No. 2020-CH-005622, in the Circuit Court of Cook County, Illinois.
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358 thoughts onKroger Stores Class Action Says Security System Violates Privacy Law
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Add me! I shop at Michigan Kroger and have been a victim of your facial recognition system. I shop for my 2 disabled brothers and senior father, so couponing is the only way we could afford household essentials, personal care products, and such. Thus, I am in a sense aka an extreme couponers who always buys in bulk when the store puts certain products on sale during the same week the manufacturer also issues a coupon for the same item in the Sunday coupon inserts. So Tide goes on sale for $3.99 and P&G releases a $3/1 Tide coupon, costing me $0.99 each. That’s the only way I’d never be able to afford laundry detergent or toilet paper or bathing products. So when I go on my shopping trip I try to buy at least 8 to 10 of the item to stock up for 4-6 weeks.
For years I’ve been shopping at the same Kroger and couponing. It’s like the employees all know me as the crazy company. Ha ha however since Covid quarantine and product shortages, they started limiting items to two-four. But that’s only certain items, however workers were beginning to give me a hard time claiming the limits are on every item, which is not true do you to their signs on items that are limited. And then they started limiting how many coupons I can use, And some employees are poorly trained that they think that the picture in the coupon has to be the same item you’re buying which is wrong. I’ll never forget the day when I spent 14 hours organizing & clipping the coupons, matching coupons with sale ads, and placing them in a few envelopes, making sure to follow the stores coupon policy, so I can be ready to quickly grab items & set quantity, head to check out, and hand over the coupons to the cashier.
After 1.5 hours shopping and filling 2 carts, I go to check out lane. Mind you there were barely any customers (went AM time), I am held up because the supervisor called cashier in advance (while I was shopping) that they would be ringing me up. Limiting on items, stating I can by more but without the use of coupons ??♀️??♀️ Spent half hour scanning items. then waited half hour as each coupon was read and going through the screen to make sure the coupon value wasn’t over the sale price even by A PENNY! then another half hour having to get items void off items due to limits! I honestly lost my mind. I was treated as if I was a criminal for using coupons!! The manufacture issues them for consumers to use and they have cash value, where Kroger is going to be compensated. You would think that they would be more lenient for couponing during the quarantine and how everybody’s out of a job and broke. And the governor issues to shop for two weeks worth to avoid going out in public during the quarantine, but the store is telling me I can only buy ONE OR TWO of an item and I have to come back TOMORROW in order to buy two more. Being a caregiver I’m already exhausted, I don’t want to go grocery store shopping every single day during an CONTAGIOUS VIRUS spreading worldwide.
Spending all those hours trying to save money so I am able to afford what my family needs, and spending hours of shopping, and then hours of trying to check out…I STARTED SHOUTING for the manager… supposedly it’s the manager who somehow knew I was a coupon her and shopping during that time and told the supervisor to bring me up, but when the manager came she was CRAZY MAKING!
She was a manipulative bitch… literally stating the OPPOSITE OF WHAT THE SUPERVISOR WAS SAYING he was told to do, agreeing the items I was purchasing were not limited, and I can use 5 like coupons per transaction. After speaking with me and setting the terms, she replaced the supervisor ringing me up with a new cashier who REFUSED to scan ANY of the coupons.
I left the lane and headed to service desk to speak to the manager again. She came out of the office and accused me of ramming my cart into a customer, supposedly the cashier (who wouldn’t scan my savings) reported to seeing me do this! RIDICULOUS! I am not a violent person and have never hurt anyone in my life. I can’t even stand to hear my dog vocalize pain. I left empty handed. Will never go back there and I just gave up on coupons all together.
And I was wondering why how I was being watched and they knew when I was check it out and such. Because they have facial recognition cameras? I was literally harassed for using coupons, legitimate manufacturer coupons, And I felt discriminated against for being a low income shopper. They Don’t even rapport theft to authorities if a customer just walks out with the cart without paying. But GOD FORBID paying customers use coupons to reduce the bill.
I don’t know I guess with all these scams going around especially during Covid, and supposedly people are using fake coupons, Retailers are getting more strict with hey there coupon policy. But I have been going to this Kroger for over five years, and would never use thieving practices. First of all, I’d never been able to show my face there again if I do such an act. Secondly, I would never want to lose store couponing privileges, but we have thanks to scamming customers who are to lazy to put in the time to legitimately get the same savings and use high value fake coupons.
Anyway, Yes Definitely the facial recognition system has injured me as a shopper. Until this day when I remember this event, I feel harassed and discriminated against and anger and mental & emotional anguish.
Yes I have at Kroger’s and never even knew until a employee and I was talking and said that some Kroger stores are now doing that it’s so wrong I didn’t even know
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I live in Arizona and our Kroger store is called Fry’s do they have the same type of security set up if so please include me I only shop at Frys and have for years
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Please let us know if this is happening all over the USA, at Kroger stores. I live in Irving, TX and sure would not approve of this practice any place!! Add me if I qualify. I only shop at Kroger for groceries, will stop doing so, if they use this in Texas.
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I am a frequent Kroger shopper in Illinois. Please add me.
My Wife and Daughter shop and I have coffee at Mariano’s – Please add Us.