Home Depot Sued for 'Secretly' Using Facial Recognition at Self-Checkouts
Original: Home Depot sued for 'secretly' using facial recognition at self-checkouts
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Regulars are buzzing about a lawsuit against Home Depot for allegedly using facial recognition technology at self-checkouts without customers' knowledge. Commenters riff on the possible reasons behind this practice, with some speculating it's a deterrent against shoplifting, while others point out that it may not be effective against determined thieves. The discussion takes a turn when some users share their personal experiences with Home Depot's security measures, revealing that the company's efforts may be driving away customers who find the beeping cameras and locked cabinets off-putting. As the conversation unfolds, it becomes clear that the line between security and customer experience is blurry, and that Home Depot's tactics may be having unintended consequences.
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Home depot goes out of the way to make its cameras visible. There is a large "camera" sign, bright light to catch your attention, a visible display to show it's not a fake, and sometimes even a motion activated chime. I assume the green square around the face is the next step in a game.
The charitable view is someone is opening the packaging to e.g. make sure that the thread is the right size (in the UK especially we suffer from annoying mixture of old legacy imperial measurement era pipes/threads/etc as well as metric).
The unchartiable view is they are opening the packet and stealing the bit they need/lost/broke 45 minutes earlier and need to finish the job.
The local Home Depot sells some types of screws only in pre-packed bags.
The Ace Hardware a block over (a franchise of independently owned shops) sells the same screws from cabinets with several hundred types of loose parts, and you can select as many as you need and bag yourself. You can even put multiple types and prices of items in one bag
So if you need one, HD makes you buy four. If you need sixteen, HD makes you buy a bunch of extra plastic waste. That might create an unexpected nudge towards just ripping the bag and pocketing the rest.
I have lived in neighborhoods where theft is unheard of, and I have lived in neighborhoods where I checked to make sure each item hadn't been opened before putting them in my cart.
>The registers is not where they need to be combating theft.
There is plenty of theft happening at the self-checkout registers as well, as it's very easy to do.
also locked cabinets... cause me to not buy whatever is in them.
Gets to me the worst when I'm on my 3rd Home Depot trip of the day BEEP looking through a box of pipe fittings that is filled with everything _except_ the fitting matching the label on the box BEEP okay.. the Home Depot website says it's in stock at the one 20 minutes up the store BEEP but, that's what it said about BEEP the stock at this store so.. but hmm BEEP maybe I could combine these two other fittings and save a BEEP ... trip to the other store, okay I'll look here for... BEEP hmm, the two fittings I would need to combine also aren't in the right BEEP box, but... it looks like maybe there's some that someone put back into a BEEP different box? Oh, wait BEEP _none_ of these fittings are in their correct box? What!? BEEP
Sorry I've just never had anybody to talk with this about. I hate those things with a passion. Let me know if you'd like to start a support group.
There are fewer and fewer physical stores left that sell non-food for reasonable prices. Home Depot is often the only choice (at least in my area, the competitors, Lowes and Ace Hardwares, are more expensive, sell fewer things, and sometimes worse quality too)
A few days later I get an email "your item hasn't been picked up and you've been refunded."
Apparently if you scan an item and pay for it in the store they still expect you to wait for their staff to approve you, or something. It wasn't clear.
This was also only necessary because they didn't accept Apple pay so I had no way of paying for my items except through the app.
Exactly - these checkout monitors are positioned so you can see you're being filmed. I'm surprised the purpose of this is unclear to anyone.
In my local supermarket, the screen turns on and shows the face of the customer when they select "finish and pay", which I suspect is to give a "honesty nudge".
Even if this suit fails, the store is vulnerable to continuous repeats by other parties. Written consent from each customer is the only viable protection. So the BIPA law may mean that face detection, not just recognition, is not practical in Illinois.
If I don't determine this is a face that I've seen before, I've not recognized the face (maybe I have recognized that there is a face there).
To recognize entails re-cognizing: knowing again what was previously known. Simply noticing that something is a face does not satisfy that; it is only detecting. Without linking it to prior knowledge, recognition hasn’t occurred.
Because, one of the valid dictionary definitions of "recognition" is simply acknowledging something exists. No prior knowledge needed for that, other than the generic training the facial detection software has undergone.
Ignoring context leads to things like "English as She is Spoke" https://en.wikipedia.org/wiki/English_as_She_Is_Spoke
Decent dictionaries give some guidance as to the contexts in which each each definition is applicable, but for thoroughness you probably cannot beat the unabridged Oxford English Dictionary.
The relevant definition here is neither legal nor technical, but from common usage, where recognizing a face, if not qualified, is taken to mean recognizing an individual by their face, not recognizing that you are seeing a face.
Courts sometimes adopt tendentious, cotroversial or disputed definitions in their rulings, and law-makers sometimes (and more frequently) do so when writing the law, but that in no way invalidates what I have written, which is about how to use a dictionary.
"Facial recognition" refers to seeing a face and knowing whose face it is. It's the difference between "that's a face" and "that's my friend Jeff".
That some constituent word has some other definition is not relevant. What you're doing is equivalent to reading "my nose is running" and thinking "egads! This person's nose has sprouted legs and taken off down the track!"
Edit: it seems the law defined the term "facial recognition" so that was the only answer I was seeking
You can do that, but I hedged my statement with:
> and expect anyone else to understand you
under which constraint, you're incorrect.
There's a relevant quote from Lewis Carroll's Through The Looking Glass:
> "When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean—neither more nor less."
In other words, to put the burden on the listener rather than the speaker to be clear about meaning, is bad communication.
No one reasonably uses "facial recognition" or "I recognized a face" to mean "I detected that there was, indeed, a face there."
In this case, the statute doesn't even say "facial recognition". It discusses storing a "scan of face geometry" such that it identifies an individual, and clarifies that an ordinary photograph doesn't count.
Like the google 'incognito' mode that wasn't private browsing, and google was found guilty.
engineers might say "of course it's not private" but the court opinion differed.
common sense to a normal person might not match engineer thinking.
Answer: File a lawsuit and use discovery to find out.
Absolute proof it could never happen? No, but we don’t need that.
So you are 100% correct - the article is badly written because it doesn't give that context to how people use the legal system to determine whether or not there is a case to be had.
However, where a store might be spying on me when I'm just doing my shopping, it's guaranteed they're spying on me if I'm using self-checkout.
Honestly, though, the privacy invasion is only part of why I don't do self-checkout. Another major part is that I don't want to risk the store thinking that I stole something from them.
It's just a wireless barcode scanner on a table with a receipt printer and a payment terminal. The screen shows everything you've scanned with pictures! and legible product descriptions, which makes it really easy to make sure you scanned everything correctly.
HyVee actually removed all self-checkouts. This sucks because they had awesome self-checkouts with conveyor belts.
Also, the last time I went to my local Costco, you were no longer permitted to check yourself out at the self-checkouts. They didn't remove them, but they had started using them as cashier-staffed checkouts.
A lot of retailers have dumped NCR and gone in-house for their self checkout software packages now and made it so much better. Home Depot took their custom point-of-sale and built their own self checkout frontend on top of it to allow all checkout lanes to “convert” to self checkout.
Target also did the same, dumping NCR’s software and rolling in-house software on top of the hardware to make it Not Suck.
... except at the "PRO" checkouts. Which are actually just ordinary check-out lanes. Anybody can go through them. The signs mean nothing whatsoever.
I never go through their self-checkouts unless I've only got one or two pre-packaged items. I usually park on the "PRO" side, enter through those doors, check out on that side, and leave through those doors.
I'm pretty sure this is illegal. All businesses need to accept cash somewhere, somehow. I am curious what would happen if you forced the issue and announced to the attendant that you intend to pay in cash.
That depends on where you are. In NYC, businesses have been required to accept cash in person since 2020[0]. In 2025, New York State[1] followed suit.
[0] https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=3...
[1] https://qns.com/2025/06/cash-payments-to-protect-unbanked-sh...
The only store where I insist on paying cash is (maybe not surprisingly) Home Depot, because they have this odd, shameless practice of tying your in-store purchases with your web account, and sending emails in response. No thank you.
(Conveniently, I live in a large-enough city for there to be plenty of other options. Including small or high-touch stores, which do not have self-checkout.)
Is a picture of a face count as "biometric" information? I strongly doubt it and suspect this case will be thrown out.
In some stores here in the UK they have CCTV with a sort of attention getting dancing LED light ring around the lens which I assume is there to a) trick you into looking straight at it (and so get a clear shot of your face) and b) remind people that cameras are there doing something.
Wren Solutions / Costar seem to be the main vendors of these “public view monitors” — such as the PVM10-B-2086.
https://6473609.fs1.hubspotusercontent-na1.net/hubfs/6473609...
“Face Detection Boxes (Neon Green, Front and Side Detection)”
Not sure what stores you're going to go but this is nowhere near my experience.
Their self-checkouts used to be slow because the registers would verify the weight of items on the scale (the surface where you bag it) before letting you put it in the cart. If it didn't like the weight it would force you to put it back in the bag. I don't think they do this anymore. Asset protection can view a camera pointed at the scanner and bags if they think you're stealing.
Furthermore, it's hard for Walmart to retain people, so cashiers are treated like a dump stat. They won't really dedicate people to checking out anymore unless that's all they can do, e.g. elderly, so someone who's a cashier all day tends to be slow because they're accomodating that person. So you could be the fastest cashier in the world but it won't mean anything as far as raises, etc. Your fast cashiers are often pulled off and stocking unless its super busy.
Not only do I have the muscle memory, still after 30 years, I also have the added incentive of knowing the value of my own time, not being fatigued from hours of work, the ability pre-position items in the cart at an optimal orientation for handling and scanning, and foreknowledge of what items I have and a plan for how best to bag them that was made prior to my arrival at self-checkout.
So, yeah, I scan faster.
Much faster.
edit: oh man this has brought up a bunch of frustrations. Why do customers just pile shit on the counter? When I interact with a cashier, like at a gas station on a long road trip, every item I place on the counter has the barcodes oriented towards the person, so they can just "zap zap zap zap" the items rapid-fire without handling them. My bag (I live in a civilized state that has banned plastic bags) is ready and waiting, items are organized and presented in an order that make sense for ease of bagging. My payment method is ready. The experience is efficient and quick.
It takes no mental effort to do any of this and yet I am constantly stuck behind people who act as though they are purchasing things for the first time in their entire lives and the process is as foreign to them as communicating in the language of an extraterrestrial intelligence is to me.
But to answer your question, after a year I use those 30 extra minutes to play Sonic the Hedgehog six or seven times, nibbling on an ice cream sandwich between acts and zones, a sandwich that eventually melts and makes a great mess of things including all over my Genesis controller, which I clean in the kitchen while looking out the window over the sink.
Even aside from the line, the only thing clerks are sometimes faster at in my experience is ringing up fresh produce where codes have to be typed in (these codes are usually on a label on the produce, but if not you have to go through a lookup procedure if you haven't memorized the code).
Supermarkets usually have old slow people running them. The only time I don't use self checkout is when I have alcohol, and it is slower every single time than doing it myself.
(I wish I was kidding; discounters that squeeze costs everywhere including cashier throughput seem to be the exception in retail.)
Also the only place truly training cashiers, AFAICT, is Aldi's.
Some self checkouts are better than others the worst ones are the ones that don’t let you take your items off the scale after scanning and then they throw an error for you to put them back.
I’ve also never felt treated like cattle but I’d figure a checkout with a cashier is more cattle like since you are being funneled through a tight space one after the other vs an open space like self checkouts.
Many stores near me appeared to cut cashiers before they added self-checkouts. If anything, adding self-checkouts increased the number of available options to get out of the store faster.
I'd place my bets on curbside pickup getting pushed more before cashiers get added given how popular it's become as an option.
Only in recent years have self-checkouts started appearing in any significant number, and the formula hasn't changed. I guess theoretically stores might be able to cut back on employees, but it would be literally one or two people at most.
Personally, I'm faster at scanning items than most cashiers are. I used to work in retail, though, so maybe that's just me.
I haven't ever experienced a receipt check while using self-checkout. If I did, I'd stop visiting that store. That's a bright red line for me. To my partner's chagrin, it's one of the reasons I won't go into Costco.
While self-checkout is less private in a lot of ways (see article) I value it because I have social anxiety and would prefer to avoid too much (or too little!) smalltalk with cashiers -- especially about the items I'm buying.
Not self checkout related, but the Kroger stores by me have all started having security guards check receipts before you can leave the store. They do this whether or not you do self checkout. Accordingly, I have stopped patronizing those stores because I refuse to spend my money at a business that treats me like a criminal. I sympathize in that they are trying to stop theft, but I'm not going to put up with that particular method of deterrence.
Besides, most places nowadays you have to explicitly ask for a receipt or press extra buttons within a 5-second time window to get one.
They got rid of it eventually and I started shopping there again, but if they start doing receipt checks they're back on the shit list.
Of all of this hassle, the cashier merely handles a single step. You already do all the work.
I'm not sure what you mean by "treated like cattle". I haven't really had a bad experience with self-checkout, granted, we probably don't live in the same country / culture.
The receipt checking happens with the cashier as well, just implicitly. If anything, they are treated badly, with having to stand most of the time in the US. Absolutely unnecessary.
Facial recognition I don't like either, but stores (and others) will do that anyways, with self-checkout being, at most, an excuse to develop/improve/deploy such systems. Theft would be a problem/excuse anyways for stores, and advertising is a pretty big trojan horse in this regard as well. Self-checkout doesn't make a difference here.
(This is getting tangential, but I do exactly what you describe, and I really appreciate that I can do it on my terms, without having to accommodate three other people: the one in front of me, the cashier, and the one next in line.)
Uh, no? Ralphs absolutely has a full order and pay online thing, then you just drive to the store and get your groceries delivered to your car. I used it just yesterday as I can't go anywhere after my oral surgery.
The last two visits revealed the complete elimination of checkout lines and the appearance of a new cluster of self service registers with a new orientation perpendicular to the old lines. As I stood before the register, looking at the large monitor, I watched my dehumanized face beleaguered by green lines. I realized it had no other purpose but to foist an impression of my dirty face toward me, conveying my position as a filthy, groveling consumer pestering them with my petty needs. The camera could easily do its work without the hostile display, but then the customer may get away with a sense of dignity, which to them would be a form of shoplifting, or squandered neuromarketing potential.
During each visit, I make it a point to express my contempt for this to any ostensibly human employees nearby. I do so respectfully, yet their pride as high priests of home improvement and the glorious providence of private equity that blesses their sacred mission always results in perceived offense. Despite prefacing my grievance as not directed personally at them, the allure of indignance prevails and I always walk away as the bad guy who dared piss on their holy gilded ground.
Their use of cameras bothers me for different reasons, but I'm glad to fan the flames.
I look at myself and go "damn that's one sexy dude I'm gonna jut out my chin and stand up straight so if anyone looks at this, they fall in love with me".
Also, the staff doesn't identify as anything except someone trying to make it through their day.
Or perhaps it's truly pure gratitude and warm hearted loyalty for having a job, any job, which our future suggests won't be very common soon.
On a more serious note, I don't think it's terribly valid to dismiss these behaviors (Home Despot mug shaming, not zealous employee bots) as nothing more than a fun opportunity to admire one's reflection. It may not by itself be a keystone stride on the path of anomie, but it's a stride indeed and I don't want that kind of society. Maybe you do. Home Depot and Blackrock certainly do. I don't.
If you think the company has contempt for you then you might try to see what they put new employees through. If you feel lucky just to be able to complete your transaction then you shouldn't have to wonder hard what it's like to feel lucky just to receive a paycheck without any notes or veiled corporate threats attached.
The gamification of society has reduced us all to cattle.
There is also CCTV AI (whether artificial intelligence, or actually indians) which can intervene with your self-checkout process to "remind" you that you didn't actually scan everything.
I live in Illinois and look forward to collecting my $2k check for this but the reality is that the only person to blame for the theft is the person committing the theft. The same way we don’t blame women for how they dress or just because someone is trusting that doesn’t make it right to attempt to steal.
you, I, and probably most people on HN have the privilege of seeing it this way. for others, it's sometimes not a moral question, but a question of survival or at least dignity.
Knock 12 points up over 3 years and you lose your license.
The problem is the time it takes from being caught to getting the letter can be a couple of weeks. You could literally go from 0 points to license loss for driving 10 miles on an empty road with changeable speed limits and have no idea until a week or two later when you get 4 letters arrive.
Now until the court takes away your license you’re still allowed to drive, but it gives you no chance to change your behaviour.
I can understand why the stores will do it this way. Each prosecution is very expensive. If you're going to go though the effort with the legal system bring a case that stops the culprit. More so, doing this tends to scare the hell out of people that think they've gotten away with something. Kinda like the thievery version of the Santa Claus song.
"Walmart knows when you are sleeping. Walmart knows when your away, Walmart knows if you've been bad or good, so be good for goodness sake".
I am pretty sure the evidence shows the opposite.
And who's the group who is overpoliced in this country? And who up-thread said to target black women? Yep.
The 13th amendment was terrible. It should have never had an exception for punishment for a crime. Instead, we have a states controlled slave state.
I agree that prisons are literally useless in stopping criminal behavior, and almost certainly accelerate it for most. Prison is only scary the first day on your first bit. The second time you get locked up you already know the system, know all the staff and know all the other inmates. It's less of a deterrent each time.
The issue is that a vast proportion of offenders aren't committing crimes out of necessity. A large proportion are doing it because it appears to be quick, easy money and regular jobs aren't considered manly or cool.
source: a lot of time spent inside
"Con College" — where you learn tricks of the trade, and further divide with racism / hatred.
>stealing ... [because] regular jobs aren't considered manly or cool.
This, but also too many lazier-mindset people think this will be an easy lifestyle to sustain long-term (it's not).
I think UBI would be better. Expecting capitalists to work against their own self-interest is doomed to fail.
They could also consider banning substances that make people more aggressive... There's a particular artificial pesticide whose name I don't remember, which is coincidentally banned in all the places with much lower crime rates, and has been shown to alter behaviour in monkeys.
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