Ho Ho Ho – Shoppers May Have A Cause of Action for Amazon’s Use of Biometric Data

An Illinois federal court recently refused to dismiss two lawsuits that airport shoppers filed against Amazon and a shop operator (Hudson Group Retail) who collected biometric data of their customers at airports.  The plaintiffs alleged that Amazon and Hudson Group Retail illegally collected their biometric data without their informed consent.  Through advanced technology, the defendants were able to employ a network of AI, cameras, and sensors to capture products when they were taken from the store shelves.  The technology tracked the customers who lifted the merchandise from the shelves and captured their images, including face, hand and voice prints. The network then processed the payment when the customers checked out.  No need for a cashier!

Although the technology used by Amazon and Hudson Group Retail promised shoppers a seamless checkout and the customers were aware of the no-cashier checkout process, the court still found that their claims could proceed at this time.  Among the allegations was the claim that the shoppers were unaware that the technology used would allow “massive amounts” of biometric data to support a complex surveillance technology without their consent or permission. The plaintiffs also alleged that not only did the defendants use their technology to improve their AI and algorithms, but that they sold it to retailers.

In allowing the cases to proceed at this time, the court found that Amazon could potentially be liable for unlawful profit but that the retailers were not. The court noted that discovery was needed to determine the extent of the surveillance technology’s impact on plaintiffs’ rights to privacy.

The cases are Coulter v Hudson Group Retail LLC, et al., case number 1:23-cv-16176 and Van Housen et al. v Amazon.Com., Inc., 1:23-cv-15634.