For Immediate Release
Class Action Claims Amazon Illegally Hid its Biometric Surveillance From Go Store Customers in NYC
The case was filed under New York City’s 2021 biometric notice law and could potentially extend to 10,000s of customers.
(New York, NY, 3/16/2023) - Today, an Amazon customer, the Surveillance Technology Oversight Project (S.T.O.P), Peter Romer-Friedman Law PLLC, and Pollock Cohen LLP 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 was 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.
SEE: March 16, 2023 Complaint
stopspying.org/s/FILED-COMPLAINT-Rodriguez-Perez-v-Amazon.pdf
Bloomberg Law - New York Biometrics Law Will Bring Hefty Fines for Noncompliance
https://news.bloomberglaw.com/privacy-and-data-security/new-york-biometrics-law-will-bring-hefty-fines-for-noncompliance
“New Yorkers shouldn’t have to worry that we’ll have our biometric data secretly tracked anytime we want to buy a bag of chips,” said Surveillance Technology Oversight Project Executive Director Albert Fox Cahn. “Taking our data without notice isn’t convenient, it’s creepy. We have a right to know when our biometric data is used, and it’s appalling that one of the world’s largest companies could so flagrantly disregard the law. It’s stunning to think just how many New Yorkers’ data has already been compromised, and without them ever knowing it.”
“New York City took a big step by declaring that consumers have a right to know when stores collect their biometric information,” said Peter Romer-Friedman, a Principal at Peter Romer-Friedman Law PLLC. “But the law means very little if it’s not enforced. That’s why today we’re filing a lawsuit to hold Amazon accountable under the NYC biometric information law and send a clear message to other retailers that they must fully comply with this vital law.”
“Amazon’s collection of biometric data is something that all New Yorkers need to know about before they enter a store. Amazon failed to provide that notice, and its new signage only obscures the full extent of Amazon’s customer tracking,” said Christopher K. Leung, a Partner at Pollock Cohen LLP.
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.
In July 2021, New York City passed one of the first municipal biometric privacy laws in the country, punishing stores that fail to warn customers about their biometric surveillance with a $500 penalty per violation. However, recent New York Times reporting found widespread violations of the law.
SEE: The New York Times - Which Stores Are Scanning Your Face? No One Knows.
https://www.nytimes.com/2023/03/10/technology/facial-recognition-stores.html
The class action lawsuit also comes after widespread public outrage over MSG Entertainment’s use of facial recognition to bar attorneys who are part of law firms litigating cases against the corporation from Radio City, Madison Square Garden, and other venues.
Press Release - S.T.O.P. Warns MSG Facial Recognition Policy Change Falls Short, Renews Call For Ban
https://www.stopspying.org/latest-news/2023/2/7/stop-warns-msg-facial-recognition-policy-change-falls-short-renews-call-for-ban
The Surveillance Technology Oversight Project is a non-profit advocacy organization and legal services provider. S.T.O.P. litigates and advocates for privacy, fighting excessive local and state-level surveillance. Our work highlights the discriminatory impact of surveillance on Muslim Americans, immigrants, and communities of color.
Peter Romer-Friedman Law PLLC is a public interest law firm that represents people, non-profits, and unions to advance social and economic justice in class actions and individual cases involving civil rights, employment, constitutional rights, consumer protection, and tech abuses.
Pollock Cohen LLP is a public impact, complex litigation boutique. With offices in New York, San Francisco, and Philadelphia, we protect consumers, whistleblowers, and the public health through our high impact work.
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CONTACT: S.T.O.P. Executive Director Albert Fox Cahn; PRF Law PLLC Founder Peter Romer-Friedman, 718-938-6132, peter@prf-law.com; Pollock Cohen LLP Partner Christopher K. Leung.
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