Target class action claims retailer captures shopper data through surveillance systems

Target BIPA class action lawsuit overview: 

• Who: Denise Arnold, Blaire Brown and Sandre Wilson filed a class action lawsuit against Target Corp. 
• Why: Arnold, Brown and Wilson claim Target is violating Illinois’ Biometric Information Privacy Act by improperly collecting and storing the biometric identifiers and biometric information of customers in the state. 
• Where: The class action lawsuit was filed in Illinois federal court. 

A new class action lawsuit alleges that Target violated biometric privacy law in Illinois by collecting its customers’ biometric information and identifiers without their consent. 

Plaintiffs Denise Arnold, Blaire Brown and Sandra Wilson’s class action lawsuit claims Target uses in-store security cameras and video surveillance systems to capture and store the “unique and highly sensitive” biometric data, including facial geometry scans. 

Arnold, Brown and Wilson argue Target is violating Illinois’ Biometric Information Privacy Act (BIPA) by, among other things, failing to get consent prior to collecting customers’ biometric identifiers. 

“Defendant has not informed individuals, much less in writing that their biometric identifiers or biometric information is being collected, captured, or otherwise obtained,” the Target class action says. 

Arnold, Brown and Wilson want to represent a class of consumers whose biometric identifiers and/or biometric information were captured, otherwise obtained, used, and/or stored by Target when visiting one of its store locations in Illinois. 

Class action claims Target failed to provide public guidelines for permanently destroying captured biometric data

Arnold, Brown and Wilson argue Target has also failed to make publicly available any written policy or guidelines for permanently destroying biometric identifiers and biometric information, as required by BIPA. 

“Upon information and belief, Defendant lacks such policies and is retaining Plaintiffs and other similarly situated individuals’ biometric identifiers and/or biometric information beyond the time limits set by BIPA,” the Target class action says. 

The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of statutory damages for themselves and all class members. 

Target is facing multiple class action lawsuits over claims broadly involving false advertising, benzene contamination and unlawful collection of private information and biometric data. 

Have you had your biometric data captured by Target? Let us know in the comments.

The plaintiffs are represented by J. Ryan Lopatka, Kim E. Miller, Lewis S. Kahn and Melissa H. Harris of Kahn Swick & Foti, LLC. 

The Target BIPA class action lawsuit is Arnold, et al. v. Target Corporation, Case No. 1:24-cv-04452, in the U.S. District Court for the Northern District of Illinois.

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