Home Depot Sued Over Alleged Unauthorized Use of Facial Recognition at Self Checkout Kiosks
Home Depot is being sued in Illinois for allegedly collecting biometric data at self checkout kiosks without consent in violation of BIPA The lawsuit challenges the company’s privacy practices and seeks significant damages .
Class Action Lawsuit Filed in Illinois
On August 1 2025 Illinois resident Benjamin Jankowski filed a proposed class action lawsuit against The Home Depot alleging that the company used facial recognition technology at self checkout kiosks without informing customers or obtaining their consent The complaint was filed under Illinois’s Biometric Information Privacy Act BIPA one of the strictest biometric data protection laws in the United States .
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Allegations Secret Use of “Computer Vision”
According to the lawsuit Home Depot’s self checkout stations are equipped with cameras and artificial intelligence software described as “computer vision” which analyze shoppers’ facial geometry During a June visit to a Chicago store Jankowski noticed a green box around his face on the checkout display suggesting the system was scanning him He even took a selfie to document the moment which now serves as evidence in his case .
Alleged BIPA Violations
The lawsuit accuses Home Depot of violating multiple provisions of BIPA including .
- Failure to Provide Written Policies The company allegedly did not make available any written guidelines about how biometric data would be stored how long it would be retained or when it would be destroyed .
- Lack of Informed Consent Customers including Jankowski were never asked to give written permission for the collection of their biometric data .
The lawsuit further criticizes Home Depot’s privacy policy which only vaguely states that data is kept “as long as reasonably necessary” Under BIPA biometric information must typically be deleted within three years unless otherwise authorized and the absence of a clear timeframe is being presented as a direct violation .
Legal Precedent & Potential Damages
The proposed class action seeks damages on behalf of all Illinois shoppers who used Home Depot’s self checkout kiosks while the alleged facial recognition technology was in operation BIPA allows plaintiffs to seek .
- $1000 per negligent violation
- $5000 per willful violation
Since Home Depot operates 76 stores in Illinois the potential damages could quickly reach into the millions of dollars The case also builds upon legal precedent set in the Rosenbach v Six Flags ruling which established that the unauthorized collection of biometric information constitutes a legal injury even if the data has not been misused .
Company’s Stance and Security Justification
Home Depot has so far declined to comment publicly on the lawsuit or its biometric data practices However company executives have previously stated that its “computer vision” system was rolled out to help reduce theft Initially deployed in 2023 for inventory purposes the technology was reportedly expanded in 2024 for loss prevention efforts .
This justification has done little to ease concerns as privacy advocates argue that such measures must be clearly disclosed to customers and conducted only with explicit consent .
Broader Implications and Consumer Concerns
The lawsuit highlights growing unease over the increasing use of biometric and AI driven surveillance in retail environments Critics point out that most customers do not expect their faces to be scanned while simply paying for their purchases Unlike passwords biometric data cannot be changed if compromised raising serious risks if such information is mishandled or exposed in a data breach .
The case has therefore attracted significant public attention as part of the broader debate about balancing security needs with individual privacy rights .
What Comes Next
The case titled Jankowski v The Home Depot Inc Case No 125 cv 09144 is pending in the US District Court for the Northern District of Illinois If the court certifies the class thousands of Illinois shoppers could be included in the lawsuit significantly increasing both the legal and financial risks for Home Depot .
The outcome could also have broader consequences for other major retailers that rely on similar technologies potentially forcing the industry to rethink how biometric systems are implemented and disclosed .