A class-action lawsuit has been filed against Target, accusing the Minnesota-based retailer of violating the Illinois Biometric Information Privacy Act, a law meant to prevent companies in Illinois from collecting "biometric" data like facial recognition from consumers without written consent.
The lawsuit, filed March 11 in a Cook County Court, alleges Target's surveillance systems "surreptitiously" collects biometric data on customers without them knowing.
"Target does not notify customers of this fact prior to store entry, nor does it obtain consent prior to collecting its customers’ Biometric Data," the lawsuit says, adding at the retailer is outfitted with "top of the line" facial recognition throughout its stores as part of anti-theft efforts.
BIPA, passed in 2008, says companies in Illinois are not allowed to collect, store or give out "biometric data," which includes things like face or fingerprint scans, without first giving notice and obtaining personal consent. The act also requires companies to specify how the information would be retained, and when it would be destroyed.
According to the suit, Target's "advanced system of electronic surveillance" includes operating 14 investigation centers as well as two forensic labs to "enhance video footage and analyze finger prints." While intending to detect shoplifters, the system also captures customers faces every time they enter or leave the property, the suit alleges.
"There are numerous instances of former Target employees detailing its facial recognition system circulation on the internet as well," the lawsuit said, referencing a TikTok page dedicated to customers and ex-employees discussing concerns about the system.
The suit intends to seek $5,000 for "each and every intentional reckless violation" of the law, or statuary damages of $1,000 for any violation found to have been committed negligently. It also intends to collect attorneys fees and other litigation expenses.
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The suit concludes by demanding the matter be tried before a jury.
The suit is similar to other recent class-action lawsuits against large companies alleging they violated BIPA. In 2022, a class-action settlement alleged Facebook violated the law, resulting in a $650 million settlement. More than a million Illinois Facebook users received checks for nearly $400 each as part of the case.
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Class-action lawsuits claiming the violation of Illinois' BIPA law were also field against Google, Snapchat and TikTok.
Target did not immediately respond to NBC Chicago's request for comment.
