A new lawsuit has placed Home Depot’s self-checkout systems under scrutiny after a customer discovered cameras secretly capturing him while shopping. The customer subsequently filed a lawsuit against Home Depot, and the company is now facing a class-action case in Illinois that could set a precedent for how retailers use biometric and facial recognition technologies in stores.
What the Lawsuit Alleges
The lawsuit was filed on August 1, 2025, and it accuses Home Depot of violating the Illinois Biometric Information Privacy Act (BIPA) for using cameras and a program called “Computer Vision” to capture shoppers’ facial recognition data without their consent or knowledge.
The plaintiff, Benjamin Jankowski, claimed that while shopping at one of Home Depot’s self-checkout kiosks, he noticed his face inside a green box on a screen. He argues that at that point, he realized that the system was scanning and storing his biometric data without his knowledge or consent.
According to the filing, Home Depot violated BIPA for:
- Collecting customers’ facial data without informing them or obtaining written consent.
- Failing to provide a public policy explaining how the biometric data collected would be stored, used, and when it would be destroyed.
- Failing to disclose if the data was shared with any third parties.
The lawsuit states that failing to take the above actions is a direct violation of BIPA, which is one of the strictest biometric privacy laws in the U.S.
How Illinois Leads the Way in Protecting Biometric Data
The Illinois Biometric Information Privacy Act has caught many big tech and retail companies on the wrong side of the law. As stated earlier, Illinois’ BIPA is one of the strictest laws in the country and it requires companies to follow strict rules before collecting biometric data such as retina scans, facial recognition, and fingerprints.
BIPA stipulates that a business must:
- Obtain written consent before collecting or sharing biometric data.
- Disclose in writing how it intends to use the data collected.
- Publish a schedule explaining how long they will retain the data and when they will permanently delete it.
Companies that fail to comply with the above rules risk huge penalties. If the court certifies Jankowski’s case as a class action, Home Depot could lose millions in damages.
How Home Depot’s “Computer Vision” Technology Works
While Home Depot has not publicly explained how its cameras and systems work, the lawsuit describes the system as an AI-powered facial recognition tool that monitors transactions and activities for security purposes.
Cameras mounted on the walls of self-checkout kiosks scanned the faces of customers. According to critics, this is an act of surveillance without disclosure and should be punishable. Those in support argue that the technology protects staff and reduces fraud and theft, especially in self-checkout kiosks.
Questions Shoppers Are Raising
The lawsuit has sparked a hot public debate, and many customers who have shopped in Home Depot’s self-checkout kiosks are expressing concern about being scanned without their consent. Here are some of the questions concerned consumers are asking:
- I’m I being watched when shopping in self-checkout kiosks? – The lawsuit alleges that yes, at least in Illinois locations where the technology is in place.
- Did Home Depot ask for permission? – According to the plaintiff, no written consent was provided.
- Where does this data go? – Without a published retention policy, customers are left in the dark about storage, usage, or third-party sharing.
- What if I shop outside Illinois? – Illinois is one of the only states with a biometric privacy law. In most other states, customers currently have fewer protections.
The Risks Facing Home Depot
If the court rules that Home Depot violated BIPA, the company could face substantial fines, legal costs, and damage to its reputation. The case could also influence how retailers use biometric technology.
Conclusion
While Home Depot maintains that it strives to make the self-checkout process seamless for consumers, the lawsuit shows that the convenience comes with some hidden costs. As the case unfolds, customers are increasingly raising concerns regarding the use of cameras in stores and seeking clear answers about how their data is being used and if there are any third parties accessing the data.