Target Sued Over Use of Facial Recognition Tools on Customers

Target violated shoppers’ privacy by collecting biometric information without their consent to thwart shoplifting, a proposed class action alleges.

Target deploys video surveillance with facial-recognition capabilities in retail locations in Illinois as part of the company’s fraud-prevention efforts, according to the complaint filed Thursday in the US District Court for the Northern District of Illinois. The complaint alleges that Target has failed to inform customers about the collection as well as the purpose or length of time its being stored or used.

Named plaintiffs Denise Arnold, Blaire Brown, and Sandre Wilson are frequent Target shoppers who visit stores in Illinois at least twice a month, according to the complaint. None of them were notified in writing that their biometrics were being collected, nor did they give their consent, the complaint states.

The Illinois Biometric Information Privacy Act requires businesses to provide written notice when biometric data is collected, along with information on how it’s being used, how long it’s being retained, and deletion policies.

The proposed class includes all individuals who had their biometric information collected while visiting a Target location in the state of Illinois within the five-year statute of limitations. Plaintiffs are seeking statutory damages of $1,000 for each negligent violation of BIPA and $5,000 for each intentional or reckless violation, as well as attorneys’ fees.

Target didn’t immediately respond to a request for comment.

Plaintiffs are represented by Kahn Swick & Foti LLC. Counsel for Target hasn’t made an appearance.

The case is Arnold et al v. Target Corporation, N.D. Ill., No. 1:24-cv-04452, complaint filed 5/30/24