Madison Square Garden Sued Over Facial ID Technology at Venues

Madison Square Garden Entertainment Corp. violated New York City’s biometric privacy ordinance and a state privacy law through a facial recognition system it used to provide security at its entertainment venues, a new proposed federal class action alleged.

M. Ross Arnel alleged that MSG profited from its collection of biometric information from visitors to Madison Square Garden, Radio City Music Hall, and other venues by using the information to improve security and make its venues more appealing to the public.

The company also benefited by using the technology to bar attorneys representing parties adverse to MSG and its related companies, Arnel said in a complaint filed Wednesday in the US District Court for the Southern District of New York.

MSG scanned Arnel’s face and compared it to images on file with the company when he attended a concert at Madison Square Garden in October 2022, the complaint said.

The New York City Biometric Law prohibits private companies from selling or otherwise profiting from the use of biometric information they collect, and the New York Privacy Law prohibits the use of a person’s image for commercial purposes without their consent, it said.

MSG violated its duties under both laws, Arnel said.

Arnel seeks statutory damages, actual damages, exemplary damages, equitable relief, injunctive relief, attorneys’ fees and costs, and pre- and post-judgment interest.

Kantrowitz, Goldhamer & Graifman PC and Grant Law Firm PLLC represents Arnel and the proposed class.

The case is Arnel v. Madison Square Garden Ent. Corp., S.D.N.Y., No. 1:23-cv-05537, case filed 6/28/23.