Target Faces Class Action Lawsuit for Alleged Biometric Data Collection Violations
ICARO Media Group
Illinois retail giant Target is being hit with a class action lawsuit by a woman named Arnetta Dean, who accuses the company of unlawfully collecting and storing biometric data without obtaining proper consent. The lawsuit, filed in Cook County last month, alleges that Target's surveillance systems, including facial recognition cameras installed in Illinois stores, secretly gather customers' biometric data without their knowledge.
According to the complaint obtained by FOX 32 Chicago, Dean is seeking to prevent Target from further violating the privacy rights of state residents and is pursuing statutory damages for the alleged collection, storage, and use of customers' biometric data. The lawsuit claims that Target failed to notify customers or obtain their consent before collecting their biometric data, thereby violating the state's Biometric Information Privacy Act (BIPA).
Enacted in 2008, BIPA forbids Illinois companies from collecting, storing, or disclosing biometric data without providing notice and obtaining written consent. It also requires companies to inform individuals about the purpose and duration of data collection, as well as details about data retention and destruction policies. The lawsuit contends that Target failed to comply with these legal requirements.
Biometric data, unlike other forms of identification, is biologically unique and cannot be easily changed if compromised, making individuals more susceptible to identity theft. The lawsuit highlights that while social security numbers can be changed if compromised, biometric data cannot, leaving affected individuals at heightened risk.
Target's surveillance system, described in the complaint, comprises 14 investigation centers and two forensic labs that enhance video footage and analyze fingerprints. Although the system was initially implemented to detect shoplifters, it also captures customers' faces every time they enter or leave the store.
Under BIPA, individuals have the right to file lawsuits for violations of the act, entitling them to damages ranging from $1,000 for negligent violations to $5,000 for intentional or reckless violations. In addition to seeking damages for each intentional violation, Dean's lawsuit also aims to secure statutory damages for any negligently committed violations. Injunctive relief, attorneys' fees, and other litigation expenses are also being pursued.
This lawsuit follows a growing trend of similar class-action cases against companies accused of BIPA violations. In 2022, Facebook settled a lawsuit for $650 million after being accused of violating the law, with over a million Illinois Facebook users receiving compensation checks. Google, Snapchat, and TikTok have also faced similar class-action lawsuits regarding BIPA violations.
Target now finds itself in the legal crosshairs over alleged violations of biometric data collection practices. As the lawsuit progresses, the outcome will not only impact Target but also have potential implications for other companies operating in Illinois that collect and store biometric data without proper consent.