ALFREDO RODRIGUEZ PEREZ, on behalf of himself and all others similarly situated;

-against-

AMAZON.COM, INC.

Status: Filed

Key issues: Corporate Misconduct, Biometric Surveillance

Court: U.S. District Court for the Southern District of New York

Docket: Case No. 23-cv-2251

Counsel: S.T.O.P. / Peter Romer-Friedman Law PLLC / Pollock Cohen LLP

S.T.O.P. and our co-counsel filed a proposed class action lawsuit claiming that Amazon illegally failed to notify customers that Amazon Go stores in New York City collect biometric data. Amazon Go stores use “Just Walk Out” surveillance technology that tracks each customer’s movements and purchases in a store. The case appears to be the first of its kind filed under New York City’s 2021 biometric notice law, which requires businesses to post signs warning customers whenever their biometric information is being collected. The lawsuit was filed in the U.S. District Court for the Southern District of New York on behalf of Brooklyn resident Alfredo Rodriguez Perez and a proposed class of tens of thousands of Amazon Go customers.

The complaint alleges that from January 2022 to March 13, 2023 Amazon failed to post any sign stating that Amazon Go stores collect biometric data, including for over a month after Mr. Perez told Amazon it violated New York City law by failing to do so. Earlier this week, Amazon allegedly took the additional step of posting signs that state that Amazon only collects biometric data from customers who opt into the company’s optional palm scanner program. However, as plaintiffs claim in the lawsuit, Amazon collects biometric data on all customers, even those who refuse to use the palm scanner—such as the shape and size of each customer’s body.