A former warehouse worker has filed potential class action claims against Walmart, alleging that the retailer violated his and others’ biometric privacy rights by tracking workers in its Illinois distribution facility using voice recognition software without the workers’ consent.
In Barton v. Walmart Inc., plaintiff Andrew Barton filed suit alleging that Walmart was in violation of the Illinois Biometric Information Privacy Act (BIPA) for requiring its warehouse workers to speak into a headset equipped with voice recognition software that captures and stores each worker’s voice data as they pick and pack items for shipment. Barton claims that Walmart never obtained informed consent from warehouse workers for this practice and failed to inform workers of its data collection practices.
According to Barton, Walmart stated that it has implemented this practice to allow the retail giant to track inventory in real time, avoid waste, and help prevent employee theft.
Barton worked as a “picker” in Walmart’s Elwood, Illinois, distribution center, picking items from storage bins to fulfill orders and preparing the orders for shipping. He said that he and other pickers are required to provide their voiceprints by reciting certain words and phrases so the voice recognition software can learn their individual voices. Once a picker receives an order, he or she must speak into the headset as the order is fulfilled, providing details such as their exact location within the warehouse, the order they are fulfilling, the amount of product pulled, etc.
In his complaint, Barton contends that Walmart never explained any specific limited purpose for this biometric data collection and that he was never asked to sign a written release giving Walmart permission to collect his voice data. While observing that there may be certain benefits to the practice, Barton said there are also serious risks: “For example, if an employee database is hacked, breached or otherwise exposed, employees have no means by which to prevent identity theft and unauthorized tracking,”
Barton is seeking class action status for similarly situated individuals whose voiceprints were captured by Walmart in Illinois, and is asking for statutory damages of $1,000 for every negligent BIPA violation and $5,000 for every willful BIPA violation.
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