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

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A federal judge has ruled that a major class-action lawsuit against Target, alleging illegal collection of customers' biometric data without consent in Illinois stores, can move forward. This case highlights the growing legal risks companies face when using biometric surveillance technologies without proper notification and permission, as privacy concerns mount in the digital age.

by
November 25, 2024

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

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

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