HOME Depot shoppers are slamming the retail giant with claims they are secretly scanning their faces at self-checkout kiosks.
The company’s implementation of facial recognition technology has ignited public outrage and led to a new lawsuit, which critics view as a significant breach of privacy rights.
The claims center on stores in Illinois, where a customer says he was tracked without his knowledge or consent.
In a recently filed proposed class action, plaintiff Benjamin Jankowski claims the home improvement retailer gathered his facial data via self-checkout cameras without his knowledge.
He alleges that Home Depot violated the state’s stringent Biometric Information Privacy Act by not notifying customers that their facial data is being recorded, as reported by Law 360.
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 states that while using a self-checkout kiosk at a Chicago location, he observed a green rectangle appear around his face, indicating 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.
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.
