T-Mobile's Use of Biometrics in Stores Violates N.Y.C. Law: Class Action

T-Mobile unlawfully uses biometric data and it benefits the company's bottom line, a class action Monday (docket 1:24-cv-03070) alleged in U.S. District Court for Southern New York in Manhattan.

Plaintiff Valeriia Borzenkova alleges T-Mobile “improperly uses” biometric data of consumers “to secure their stores, rather than paying for security guards or other security measures, as well as to prevent fraud,” the complaint alleged. The facial recognition, eye scan, and voiceprint technologies T-Mobile uses in its stores “collect and analyze biometric identifiers from each person" who enters, and the company "uses this information for loss prevention, generating profits by reducing the number of stolen goods,” it said.

T-Mobile’s “profit-motivated use of its facial recognition, eye scan, and voiceprint technology systems” violates consumers’ privacy rights and “falls squarely within the conduct prohibited by the NYC Biometrics Law,” the complaint said.

Borzenkova, a New York state resident, has visited “many” T-Mobile locations in Manhattan, said the complaint, listing stores she visited in July, October and December of 2023. She didn’t provide consent to T-Mobile to “sell, lease, trade, or share in exchange for anything of value or otherwise profit from the transaction of her biometric identifier information, or otherwise use any such information for the purposes of trade,” the complaint said.

NYC's biometrics law defines biometric identifier information as “a physiological or biological characteristic that is used by or on behalf of a commercial establishment, singly or in combination, to identify, or assist in identifying, an individual, including, but not limited to: (i) a retina or iris scan, (ii) a fingerprint or voiceprint, (iii) a scan of hand or face geometry, or any other identifying characteristic.” The law's purpose is to “prevent corporations from using consumer biometric data for the corporation’s own pecuniary benefit, just as T-Mobile is doing here,” the complaint said.

The complaint quoted a T-Mobile notice outlining its collection of biometric information, saying the company wants to “protect you and us against fraud.” T-Mobile stores use ID scanning and facial recognition technology “to verify your identity and safeguard personal information as part of our security and fraud prevention efforts,” it said. Information including “eye, hand, or face scans; fingerprints; and voiceprints may be considered biometric data if they are being used to identify you,” the notice said.

T-Mobile’s statement also noted that definitions of biometric data vary under the laws of different states. “For example, some states’ biometric laws don’t apply to driver’s license photos,” it said: “Photos of you are not biometric data, but biometric data can be made from processing the photo."

Borzenkova seeks statutory damages for T-Mobile’s “negligent, intentional and/or reckless violations of N.Y.C. Admin Code § 22-1202(b),” plus attorneys’ fees, legal costs and pre- and post-judgment interest. She also seeks injunctive relief ordering the company to cease the unlawful practices described. T-Mobile didn’t comment Tuesday.