A group of Walmart customers says the retail giant is illegally collecting their biometrics, according to a class action lawsuit filed in Illinois.
The complaint alleges that Walmart creates a voiceprint, or biometric identifier, using an artificial intelligence system every time someone calls the customer service line — without properly informing them or obtaining their written consent.
“Despite having her voiceprint taken, Defendant never informed [plaintiffs] of the specific limited purposes for which it collected, stored, or used her biometric identifier, other than to play the automatic message that her voice could be taken for business purposes, including fraud prevention,” the two lead plaintiffs write in the complaint.
The Illinois Biometric Privacy Act
The named plaintiffs — two Illinois residents — brought the class action under the Illinois Biometric Information Privacy Act, which regulates the collection and use of biometric identifiers.
The statute makes it illegal to collect biometric information unless a company:
· Informs the subject in writing that biometric data is being collected or stored
· Informs the subject of the specific purpose and length of term for which it is being collected and stored
· Receives a written release from the subject
Walmart’s privacy policy, updated on June 18, 2026, states that the company collects biometrics, like voiceprints, when customers contact them. The policy further states that “when you speak to customer service, we collect your personal information using call recording technology in accordance with applicable law.”
But the plaintiffs argue that the policy does not meet the requirements of Illinois law.
The Privacy Risks
“Defendant’s collection and storage of biometric identifiers and/or biometric information exposes consumers to serious and irreversible privacy risks,” the plaintiffs write. “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.”
The plaintiffs are seeking statutory damages of $1,000 to $5,000 for each of Walmart’s violations of the Illinois law. A Walmart spokesperson did not respond to a request for comment.
The Legal Context
The limits of biometrics class actions have already been tested in Illinois courts. In 2023, the Illinois Supreme Court ruled that a biometrics claim accrues each time an employee scans their fingerprint, leading to a $9.39 million settlement for White Castle employees.
However, the BIPA statute was amended in 2024, limiting statutory damages to a single violation per claimant. The Seventh Circuit reaffirmed the new amendment in April, determining that it applied retroactively.
The Bottom Line
Walmart faces a class action lawsuit in Illinois for allegedly collecting customers’ voiceprints without proper consent, violating the state’s Biometric Information Privacy Act. The plaintiffs argue that Walmart’s privacy policy does not meet the requirements of Illinois law and exposes consumers to serious privacy risks. The lawsuit seeks statutory damages of $1,000 to $5,000 per violation.
