For Immediate Release
Class Action Claims Starbucks Illegally Hid Biometric Surveillance From Some NYC Customers and Illegally Shared Customers’ Biometric Data With Amazon
The case was filed under New York City’s 2021 biometric notice law and could potentially extend to tens of thousands of customers.
(New York, NY, 5/4/2023) - Today, a Starbucks 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 Starbucks illegally failed to notify customers that Starbucks’ stores using Amazon’s “Just Walk Out” technology in New York City collect biometric data on customers. The class action also claims that Starbucks illegally shared those customers’ biometric data with Amazon. Two Starbucks stores in Manhattan use the “Just Walk Out” technology to track each customer’s movements and purchases in the store’s lounge and marketplace. They also take palm images of customers who enter those areas of the stores with a palm signature. 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 or shared and prohibits sharing customers’ biometric information for anything of value.
SEE: May 4, 2023 Complaint
stopspying.org/s/FILED-Complaint.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 cup of coffee,” said Surveillance Technology Oversight Project Executive Director Albert Fox Cahn. “When I order my Frappuccino, I want it without the surveillance. 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.”
“As a native Brooklynite, I can say with confidence that New Yorkers love our coffee shops and bodegas, but we’re wary of big companies like Starbucks engaging in biometric surveillance as a condition of buying donuts or snacks,” said Peter Romer-Friedman, a Principal at Peter Romer-Friedman Law PLLC. “Starbucks isn’t above the law. That’s why we’re filing a lawsuit to hold Starbucks accountable under the NYC biometric information law.”
“Starbucks’ collection of biometric data is something that all New Yorkers need to know about before they enter a store. Starbucks failed to provide that notice, and its new signage only obscures the full extent of Starbucks 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 Sullivan County resident Suzanne Mallouk who visited the Starbucks’ store with “Just Walk Out” technology at 111 E. 59th Street in November 2022, and a proposed class of tens of thousands of Starbucks customers. The complaint alleges that from January 2022 to March 13, 2023, Starbucks failed to post any sign stating that its stores with “Just Walk Out” technology collect or share biometric data. On March 13, 2023, Starbucks allegedly took the additional step of posting signs that state that it only collects biometric data from customers who opt into the optional palm scanner program that Starbucks operates at two of its stores. However, as the lawsuit alleges, Starbucks collects and shares biometric data on all customers who enter the gated area of the store that includes the lounge and marketplace, even those customers who refuse to use the palm scanner, namely information on the shape and size of each customer’s body.
The lawsuit comes just a day after the New York City Council Technology and Civil and Human Rights Committees held an oversight hearing on facial recognition and other biometric surveillance technology. The committees heard testimony on legislation that would ban biometric surveillance in stores and other places of public accommodation regardless of whether companies post notice. The committee also reviewed legislation that would outlaw landlords’ use of biometric surveillance in residential buildings.
SEE: Press Release – Electeds, Advocates Rally Against Facial Recognition Ahead Of City Council Hearing On Bans
https://www.stopspying.org/latest-news/2023/5/3/electeds-advocates-rally-against-facial-recognition-ahead-of-city-council-hearing-on-bans
Gizmodo - These New Yorkers Want to Stop Landlords From Using Facial Recognition
https://gizmodo.com/nyc-msg-facial-recognition-landlords-ban-law-hearing-1850401997
Gothamist – After MSG debacle, NYC considers facial recognition ban for businesses, landlords
https://gothamist.com/news/nyc-council-facial-recognition-biometric-ban-businesses-landlords
In March, S.T.O.P, Peter Romer-Friedman Law PLLC, and Pollock Cohen LLP filed one of the first lawsuits under New York City’s biometric notice law, alleging Amazon failed to properly notify customers about biometric surveillance at its New York City Amazon Go Stores.
SEE: Forbes – Amazon Left NYC Customers In The Dark On Biometric Tracking In Their Stores, Lawsuit Claims
https://www.forbes.com/sites/cyrusfarivar/2023/03/16/amazon-left-nyc-customers-in-the-dark-on-biometric-tracking-in-their-stores-lawsuit-claims
Good Morning America – NYC supermarket uses biometric surveillance
https://www.goodmorningamerica.com/news/video/nyc-supermarket-biometric-surveillance-97957158
Release – Class Action Claims Amazon Illegally Hid its Biometric Surveillance From Go Store Customers in NYC
https://www.stopspying.org/latest-news/2023/3/16/class-action-claims-amazon-illegally-hid-its-biometric-surveillance-from-go-store-customers-in-nyc
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 and punishing stores that share customers’ biometric information in exchange or anything of value with a penalty up to $5,000 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
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 in the areas of civil rights, employment discrimination, fair housing, constitutional rights, consumer protection, tech abuses, and whistleblower rights.
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.
-- END --
CONTACT: S.T.O.P. Executive Director Albert Fox Cahn, PRF Law PLLC Founder Peter Romer-Friedman, Pollock Cohen LLP Partner Christopher K. Leung
|
