A lawsuit in Illinois accuses Home Depot of collecting customer data without consent.
The plaintiff, Benjamin Jankowski, filed the class action suit against Home Depot on August 1 in US District Court, alleging violations of the state’s consumer privacy laws.
Must Read
- Thanks to Jeff Bezos, you can now become a landlord for as little as $100 — and no, you don’t have to deal with tenants or fix freezers. Here’s how
- Dave Ramsey warns nearly 50% of Americans are making 1 big Social Security mistake — here’s what it is and 3 simple steps to fix it ASAP
- ‘Rich Dad, Poor Dad’ author Robert Kiyosaki says this 1 asset will surge 400% in a year — and he begs investors not to miss its ‘explosion’
Jankowski, a regular shopper at Home Depot, claims that when checking out at a Chicago store location on June 22 of this year, he spotted something he hadn’t agreed to: a biometric scan [1].
The suit seeks to represent all individuals whose facial geometry was collected while visiting a Home Depot store in Illinois.
The case raises questions about the way big brands collect and maintain sensitive user data — particularly when these practices may conflict with consumer protections.
Home Depot collecting biometric data
According to the Jankowski lawsuit, the self-checkout register was equipped with a camera and a screen.
On that screen, Jankowski saw a green box around his face, indicating that the system was capturing his facial geometry — his biometric information.
The practice, he charges, directly violates the state’s Biometric Information Privacy Act (BIPA). That’s because Home Depot failed to obtain customers’ informed, written consent before collecting their biometric data, or to make its data retention policies publicly available when checking out.
The lawsuit seeks a punitive judgment of $5,000 for each alleged violation of the law. Home Depot currently operates 76 stores across Illinois, meaning the potential fines could amount to millions of dollars.
What the law says
Illinois isn’t the only state offering consumers protection from illicit biometric data collection practices.
Texas and Washington also have comprehensive biometrics laws, while California, Colorado, and Virginia include biometric data within their general consumer privacy statutes. Additionally, some cities, such as New York City and Portland, Oregon, have introduced local biometric privacy ordinances.
The precedent for Jankowski’s lawsuit was established in a landmark 2019 case in which a mother successfully sued the theme park for unlawfully collecting her son’s fingerprints without providing BIPA-compliant notice and consent [2].
Read more: How much cash do you plan to keep on hand after you retire? Here are 3 of the biggest reasons you’ll need a substantial stash of savings in retirement
New technologies spurring concerns
Collecting digital data is a common practice among retailers, often through methods such as browsing history, on-site cookies and other tracking tools. But these practices require the consumer to either opt-in or be notified in writing.
Home Depot announced in 2023 that it was rolling out what it called “computer vision,” a type of AI machine learning software designed to help employees with stock.
It was later expanded to self-checkouts to help mitigate theft risks. However, that change was never explicitly made clear to shoppers like Jankowski.
“A person’s facial geometry is like their fingerprint: it is an immutable, unique identifier that deserves the highest degree of protection the law can afford,” said Tom Hanson, an attorney at Loevy & Loevy, a Chicago-based civil rights law firm.
What to read next
- Want an extra $1,300,000 when you retire? Dave Ramsey says this 7-step plan ‘works every single time’ to kill debt, get rich in America — and that ‘anyone’ can do it
- I’m 49 years old and have nothing saved for retirement — what should I do? Don’t panic. Here are 6 of the easiest ways you can catch up (and fast)
- There’s still a 35% chance of a recession hitting the American economy this year — protect your retirement savings with these 5 essential money moves ASAP
- This tiny hot Costco item has skyrocketed 74% in price in under 2 years — but now the retail giant is restricting purchase. Here’s how to buy the coveted asset in bulk
Join 200,000+ readers and get Moneywise’s best stories and exclusive interviews first — clear insights curated and delivered weekly. Subscribe now.
Article sources
At Moneywise, we consider it our responsibility to produce accurate and trustworthy content people can rely on to inform their financial decisions. We rely on vetted sources such as government data, financial records and expert interviews and highlight credible third-party reporting when appropriate.
We are committed to transparency and accountability, correcting errors openly and adhering to the best practices of the journalism industry. For more details, see our editorial ethics and guidelines.
[1]. PC Gamer. “Chicago man sues Home Depot, alleging it’s secretly using AI facial recognition at self-checkout”
[2]. Illinois Supreme Court. “Rosenbach v. Six Flags Entertainment Corp.”
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.