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Class Action Lawsuits News

Federal Judge Gives Green Light to Massive Biometric Data Lawsuit Against Target

LawInc Staff

2 min read

A federal judge has allowed a significant class-action lawsuit against Target to proceed, alleging illegal collection of customers’ biometric data in Illinois. The lawsuit centers on Target’s use of facial recognition technology in stores without proper consent or notification.

Key Legal Details	Plaintiffs: Denise Arnold, Blaire Brown, Sandre Wilson (and potentially other Illinois Target shoppers) Legal Basis: Violation of Illinois Biometric Information Privacy Act (BIPA) Court: U.S. District Court for the Northern District of Illinois Case Number: 1:24-cv-04452
Lawsuit Allegations	Using surveillance cameras with facial recognition technology Capturing facial geometry scans without customer consent Failing to provide written notice about biometric data collection Not disclosing data retention or usage policies
Judicial Ruling	District Judge Jeremy Daniel denied Target’s motion to dismiss, stating the plaintiffs provided a “coherent narrative” with valid grounds for believing BIPA was breached. The judge determined the allegations present a substantive claim about improper biometric data collection.
Potential Damages	$1,000 per negligent BIPA violation $5,000 per intentional or reckless violation Illinois Target shoppers whose biometric data was collected without consent within the five-year statute of limitations
Broader Context	This lawsuit represents part of a growing trend of legal challenges against retailers using biometric surveillance technologies, highlighting increasing privacy concerns in the digital age.
Similar Ongoing Litigation	Approximately 2,000 BIPA-related lawsuits have been filed in recent years Notable settlements include: Facebook: $650 million Google: $100 million
Technological Background	Target uses advanced facial recognition in Illinois stores Network of over a dozen “investigation centers” Forensic labs for video enhancement and analysis Primary stated purpose: shoplifting prevention
Legislative Developments	A new amendment to BIPA (SB2979) is pending, which would: Cap damages for companies Modify how violations are calculated Potentially reduce financial risks for businesses
Target’s Response	Sought dismissal of the lawsuit Argued plaintiffs’ claims were not founded on personal knowledge Must respond to allegations by December 13, 2024
Broader Implications	This lawsuit represents part of a growing trend of legal challenges against retailers using biometric surveillance technologies, highlighting increasing privacy concerns in the digital age.

Key Takeaway

Companies must now be extremely cautious about collecting biometric data without explicit, written consumer consent.

Also See

Stealing Signs and Faceprints: The Mets’ Explosive Biometric Scandal Looms Over NLCS Clash with Dodgers