The Home Depot is facing a lawsuit over claims it secretly collected biometric data from customers without their consent, just as Delaware shoppers gain stronger protections under the state’s consumer privacy law.
The class action complaint, filed Aug. 1 in federal court in Illinois, accuses the retailer of using facial recognition technology to capture customers’ facial geometry without their knowledge or consent. Plaintiff Benjamin Jankowski argues that practice violates Illinois’ Biometric Information Privacy Act, a law requiring companies to obtain written permission before collecting biometric identifiers such as facial scans.
According to the complaint, The Home Depot began using “computer vision” technology in August 2023 and expanded its use by May 2024 to help detect theft at self-checkout stations. The lawsuit argues that the company failed to disclose how long it retains customer data and did not obtain informed consent from shoppers. Jankowski is seeking class action status on behalf of Illinois consumers, along with damages, legal fees and a jury trial.
The Home Depot logo is seen on a shopping cart outside a store Feb. 17, 2005, in Evanston, Illinois.
While the case is limited to Illinois, it reflects broader concerns over how businesses collect and handle personal information.
What Delaware shoppers should know
Unlike in Illinois, Delaware’s law does not specifically address biometric data such as facial recognition. But it does give residents broad power to push back if they believe businesses are misusing their personal information.
Delaware’s Personal Data Privacy Act, which took effect in January 2025, requires businesses, including national chains like The Home Depot, Target and Amazon, to obtain expressed permission before collecting or sharing sensitive personal information such as names, addresses, religion, race or precise location.
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The law also gives consumers the right to:
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Access, correct or delete their personal data.
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Opt out of targeted advertising and the sale of their information.
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Stop companies from using data in ways that discriminate unlawfully.
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Exercise these rights on behalf of their children.
The Delaware Department of Justice’s Fraud and Consumer Protection Division oversees enforcement and has created a dedicated privacy team to investigate complaints and educate the public. Residents with concerns or questions can email the team at privacy@delaware.gov.
You can contact staff reporter Anitra Johnson at ajohnson@delawareonline.com.
This article originally appeared on Delaware News Journal: Delaware’s data privacy law comes as The Home Depot faces lawsuit
