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HOME Depot shoppers are slamming the retail giant with claims they are secretly scanning their faces at self-checkout kiosks.

The company’s use of facial recognition technology has sparked outrage and a new lawsuit over what some are calling a blatant violation of privacy rights.

Person selecting bags at a self-checkout kiosk.

Home Depot is facing a proposed class action lawsuit in Illinois over claims it illegally scanned shoppers’ facesCredit: UCG/Universal Images Group via G
Exterior of a Home Depot store.

A customer says the retailer used facial recognition technology to capture biometric data without informing users (stock image)Credit: Getty

The claims center on stores in Illinois, where a customer says he was tracked without his knowledge or consent.

In a proposed class action filed this week, plaintiff Benjamin Jankowski said the home improvement chain collected his facial data through self-checkout cameras, and never told him.

He accuses Home Depot of breaking the state’s strict Biometric Information Privacy Act by failing to inform shoppers that their facial geometry is being recorded, Law 360 reported.

The tech in question uses artificial intelligence to recognize faces and behaviors, according to the filing.

Home Depot initially used it for inventory tracking in 2023 but rolled it out in stores the following year to crack down on theft.

The lawsuit claims this expansion came without proper public disclosure, and certainly without individual consent.

Jankowski says he noticed a green rectangle pop up on his face while using a self-checkout kiosk at a Chicago store, confirming to him that his image was being captured.

He adds that there were no signs or warnings at the station to alert him about facial scanning.

At the time, he says, there were no human cashiers available, and he had no choice but to use the self-checkout system.

Home Depot’s own privacy policy admits the company uses facial recognition technology in certain stores.

Home Depot & Lowe’s roll out strict new 48-hour policy as Amazon scoops up customers and shoppers are threatening to sue (1)

But the lawsuit says it doesn’t tell customers how long their data will be kept, or when it will be deleted.

Under Illinois law, companies must destroy biometric data within three years, but Jankowski says Home Depot’s policy doesn’t meet that standard.

Instead, the policy vaguely states that data is kept “as long as reasonably necessary,” unless a shorter timeframe is required by law.

The lawsuit blasts the policy as not good enough.

What the Lawsuit Says

  • Home Depot used facial recognition technology at self-checkout kiosks without informing customers or getting their consent.
  • The company allegedly violated Illinois’ Biometric Information Privacy Act (BIPA) by collecting and storing shoppers’ facial data without clear disclosure.
  • The plaintiff seeks $1,000 for each negligent violation and $5,000 for each willful violation on behalf of affected customers.
  • The lawsuit claims Home Depot’s data retention policy fails to meet BIPA’s requirement to destroy biometric data after three years.

Jankowski is asking the court to award $1,000 per negligent violation and $5,000 for each willful one.

He also wants to represent a class of other Illinois shoppers who may have been similarly tracked.

In investor calls, Home Depot officials claimed their security efforts go “above and beyond” legal requirements.

One asset protection executive reportedly told shareholders that the company believes customers understand and trust their use of surveillance.

But critics say there’s a huge difference between general security cameras and biometric tracking.

The lawsuit argues that most shoppers don’t expect their facial structure to be scanned and stored during a checkout process.

And under Illinois law, that kind of data use isn’t just sketchy, it may be flat-out illegal without written consent.

Jankowski says what happened to him was not only invasive, but it was also done without permission, explanation, or warning.

Now, he’s hoping to hold the company accountable and force it to come clean about its high-tech tracking practices.

Home Depot didn’t immediately respond to a request for comment by The U.S. Sun.

Shoppers with carts in a Home Depot store.

The lawsuit argues that most shoppers don’t expect their facial structure to be scanned (stock image)Credit: Getty
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