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Friday, April 19, 2024

Walmart shopper alleges recording devices at self-checkout kiosks are unlawful

SAN DIEGO (Legal Newsline) – A Riverside County, California consumer alleges Walmart is unlawfully recording shoppers' personal information at its self-checkout kiosks.

Joseph Carlos Valesquez, on behalf of himself and all others similarly situated, filed a complaint on April 18 in the San Diego County Superior Court against Walmart Inc. and Does 1 through 20, over alleged violation of the Song-Beverly Credit Card Act.

According to the complaint, the plaintiff alleges that on March 21, he made a purchase using his Capital One payment card at a self-checkout kiosk at a Walmart store in Hemet and was recorded by a video camera affixed to the cash register at the kiosk.

The plaintiff alleges he and other class of Walmart consumers were impermissibly captured and their personal identification information and physical features were recorded by the defendant. He alleges that the defendant's recording of customers subjects them to identity theft and harassment. 

The plaintiff holds Walmart Inc. responsible because the defendant allegedly collects shoppers' personal identification information "to advance its own prospective business purposes."

The plaintiff requests a trial by jury and seeks award of attorneys' fees, costs of suit, prejudgment interest at the legal rate, and for such other relief as the court may deem proper. He is represented by Todd D. Carpenter of Carlson Lynch Sweet Kilpela & Carpenter LLP in San Diego and Jeffrey D. Kaliel of Kaliel PLLC in Washington, D.C.

California Superior Court - San Diego County case number 37-2018-00019280

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