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Class Action Complaint Filed Against Walmart Under Same Illinois Law Behind $650 Million Facebook Settlement
NBC 5 Chicago ^ | 9/28/2022

Posted on 09/28/2022 3:38:46 PM PDT by Right Wing Vegan

A class action complaint was filed earlier this month against Walmart, alleging the retail giant violated Illinois' Biometric Privacy Act by improperly using "cameras and advanced video surveillance systems."

James Luthe, an Illinois resident, filed the suit on Sept. 1, alleging that the store's video surveillance obtains biometric data of its customers.

"Walmart stores in Illinois are outfitted with cameras and advanced video surveillance systems that -- unbeknownst to customers -- surreptitiously collect, possess, or otherwise obtain Biometric Data," the complaint reads. "Walmart does not notify customers of this fact prior to store entry, nor does it obtain consent prior to collecting its customers Biometric Data."

The legislation the lawsuit is filed under is the same law behind several other recent class action settlements, which previously have targeted social media platforms.

Notably, a $650 million class action settlement was reached with Facebook, resulting in hundreds of dollars being paid out to more than a million Illinois residents.

The lawsuit also alleges that Walmart does not notify customers that it uses Clearview artificial intelligence facial recognition software that scans and stores facial features.

Illinois’ Biometric Privacy Act prohibits private sector companies and institutions from collecting biometric data -- like unique facial features -- from unsuspecting citizens in the state or online, no matter where the business is based.

Data cannot be sold, transferred or traded. Unlike any other state, citizens can sue for alleged violations, the law states.

If a company is found to have violated Illinois law, citizens can collect civil penalties up to $5,000 per violation compounded by the number of people affected and days involved. No state regulatory agency is involved in enforcement.

Since BIPA is an Illinois law, it only applies to state residents.

According to the suit against Walmart, the plaintiff is requesting that the complaint become a certified class action order that awards its members with "compensatory, non-compensatory, statutory, exemplary and punitive damages," in the form of $5,000 for each "intentional" BIPA violation, and $1,000 for each "negligent" BIPA violation.

According to Top Class Actions, a website that tracks class action lawsuits, Walmart has recently been the target of "numerous class action lawsuits," with claims that include false advertising, misrepresenting products and more.


TOPICS: News/Current Events; US: Illinois
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1 posted on 09/28/2022 3:38:46 PM PDT by Right Wing Vegan
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To: Right Wing Vegan

The new self-checkout cameras at Wally World are obviously being used to ID and catalog customers.

That’s why I always wear my Groucho Marx glasses and mustache when I check out.


2 posted on 09/28/2022 3:43:08 PM PDT by E. Pluribus Unum ( We need to “build back<h1better” on the bones and ashes of those forcing us to “Build Back Better.")
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To: Right Wing Vegan

So - using technology like closed-circuit cameras and facial recognition software to identify repeat offenders is now a violation of the rights of those same-said miscreants? I really really dislike Walmart - and it is a very rare thing for me to defend them. But in this case - unless there is a WHOLE LOT more to the story, then this is insanity.


3 posted on 09/28/2022 3:43:47 PM PDT by TheBattman (Democrats-Progressives-Marxists-Socialists - redundant labels.)
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To: Right Wing Vegan
When people are forced to wear masks to cover their faces, how can that provide "biometric" data? Do they have x-ray cameras?


4 posted on 09/28/2022 3:44:37 PM PDT by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: TheBattman

if they want to do it they should disclose

not a radical idea


5 posted on 09/28/2022 3:48:02 PM PDT by joshua c (to disrupt the system, we must disrupt our lives, cut the cable tv)
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To: TheBattman

Yeah, I don’t really care but if I get $1K for each time they stored my mugshot, I’m going to Disneyland ;-)

Hey if they’re use my biometrics to know I’m old enough to buy beer I’m all for it.


6 posted on 09/28/2022 3:52:11 PM PDT by bigbob (z)
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To: bigbob

The same folks filing lawsuits are the same kind of folks who literally post images and narratives of every corner of their lives that ought to be “personal and private” on social media. The will post half-naked twerking videos for millions to see - but complain because WM takes a picture to verify their identity and/or not a known shoplifter or scammer..


7 posted on 09/28/2022 3:57:15 PM PDT by TheBattman (Democrats-Progressives-Marxists-Socialists - redundant labels.)
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To: E. Pluribus Unum
Illinois’ Biometric Privacy Act prohibits private sector companies and institutions from collecting biometric data -- like unique facial features -- from unsuspecting citizens in the state or online, no matter where the business is based.

The key words are Private Sector Companies....

8 posted on 09/28/2022 3:58:22 PM PDT by redshawk ( I want my red balloon. https://youtu.be/VexKSRKoWQY)
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To: E. Pluribus Unum
Illinois’ Biometric Privacy Act prohibits private sector companies and institutions from collecting biometric data -- like unique facial features -- from unsuspecting citizens in the state or online, no matter where the business is based.

The key words are Private Sector Companies....

9 posted on 09/28/2022 3:58:23 PM PDT by redshawk ( I want my red balloon. https://youtu.be/VexKSRKoWQY)
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To: Right Wing Vegan; bagster; Travis McGee; null and void; Diogenesis

I have always thought Walmart facial recognition was shared

Some customers are known repeat thieves


10 posted on 09/28/2022 4:06:31 PM PDT by SaveFerris (Luke 17:28 ... as it was in the days of Lot; they did eat, they drank, they bought, they sold ......)
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To: bigbob

I’ll be 69 on Saturday. I sure wish Walmart would have figured out by now that I’m over the age of 40 and don’t need age verification when I use the self checkout on my monthly visits. 🤬


11 posted on 09/28/2022 4:12:54 PM PDT by Prince of Space (Let’s Go, Brandon! )
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To: Right Wing Vegan

Every body wants to get rich easy. No one wants to work for it.


12 posted on 09/28/2022 4:22:07 PM PDT by libh8er
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To: SaveFerris

I have always thought Walmart facial recognition was shared

Some customers are known repeat thieves!

Also, apparently vehicles. Before the Covid event, my wife and I stopped at an out of town store to pick up some items.

While, we were in the store, they began locking special cabinets to lock in liquor, wine and beer and OTC meds.

I asked a clerk what was going on?

She said that a couple of identified vehicles and non customers were closing in. We just left our basket and came home.


13 posted on 09/28/2022 4:38:08 PM PDT by Grampa Dave (Anyone, who can make you believe in absurdities, can make you commit atrocities.!" ~ (Voltaire)!, )
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To: Grampa Dave

Some of the thieves (at all stores) work as teams


14 posted on 09/28/2022 4:41:04 PM PDT by SaveFerris (Luke 17:28 ... as it was in the days of Lot; they did eat, they drank, they bought, they sold ......)
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To: SaveFerris

Some of the thieves (at all stores) work as teams!”

Apparently, this store had their vehicles IDed as well as the thieves. They like to hit stores with good escape routes.

We avoid one store in a chain due to the store now having armed guards, not just by the instore bank and ATM. The guards position themselves at the entrance and exit.

Its smaller sister store is an a retirement area and no fast routes out of town. Last week a drunk tried to steal some expensive wine. He was escorted out and came back. That time he was arrested inside the store. No vehicle just another homeless guy with an expensive wine taste.


15 posted on 09/28/2022 4:55:57 PM PDT by Grampa Dave (Anyone, who can make you believe in absurdities, can make you commit atrocities.!" ~ (Voltaire)!, )
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To: Right Wing Vegan

Good!


16 posted on 09/28/2022 4:58:36 PM PDT by SuperLuminal
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To: Prince of Space

“I’ll be 69 on Saturday. I sure wish Walmart would have figured out by now that I’m over the age of 40 and don’t need age verification when I use the self checkout on my monthly visits.”

Try being 84 in a few days and getting ID ed for our monthly wine. It forces us to avoid self checkouts. I key in my discount data, and the computer knows how old I am. Yet 9 times out of 10, I have tell the checkers how old I am.


17 posted on 09/28/2022 5:06:34 PM PDT by Grampa Dave (Anyone, who can make you believe in absurdities, can make you commit atrocities.!" ~ (Voltaire)!, )
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To: Grampa Dave

Its smaller sister store is an a retirement area and no fast routes out of town. Last week a drunk tried to steal some expensive wine. He was escorted out and came back. That time he was arrested inside the store. No vehicle just another homeless guy with an expensive wine taste.

Also beware stores that have posts or bollards to prevent shopping cart removal.


18 posted on 09/28/2022 7:38:34 PM PDT by rxh4n1
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To: Right Wing Vegan

Walmart isn’t the only place doing this. Casinos use it on everyone, too.


19 posted on 09/28/2022 7:50:42 PM PDT by ViLaLuz (2 Chronicles 7:14)
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To: Right Wing Vegan

You are tracked worldwide. You take a photo and someone can then search cameras worldwide to locate where you took the photo and if you do this live as the example shows to Instagram then you can be seen on video taking the photo and walking around.

https://twitter.com/TheLastRefuge2/status/1573784275782189059


20 posted on 09/28/2022 9:41:30 PM PDT by minnesota_bound (Need more money to buy everything now)
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