Rodriguez Perez V Amazon

Case 1:23-cv-02251
Case 1:23-cv-02251 Document

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IN THE
IN THE UNITED
UNITED STATES
STATES DISTRICT
DISTRICT COURT
COURT
FOR THE
FOR THE SOUTHERN
SOUTHERN DISTRICT
DISTRICT OF NEW YORK
OF NEW YORK
"ALFREDO RODRIGUEZ
ALFREDO RODRIGUEZ PEREZ,PEREZ, on behalf
on behalf
ofhimself and all others similarly situated,
of himself and all others similarly situated, CLASS ACTION
CLASS ACTION COMPLAINT
COMPLAINT
Plaintiff,
Plaintiff, Jury
Jury Trial Demanded
Trial Demanded
Case No. 23-cv-2251

Case No. 23-ev-2251
v.
AMAZON.COM, INC.,
AMAZON.COM, INC.,
Defendant
Defendant.
Plaintiff Alfredo
Plaintiff Alfredo Rodriguez
Rodriguez Perez,
Perez, on
onbehalfofhimself and all
behalf of himself and others similarly
all others similarly situated,
situated,
through counsel,
through alleges as
counsel, alleges as follows
follows against
against Defendant
Defendant Amazon.com,
Amazon.com, Inc.:
Inc.:
INTRODUCTION
INTRODUCTION
1.
1. On January 11,
On January 11,2021,
2021, thethe City
Cityof New York
of New York enacted
enacted aa new
new law law that
that requires.
requires
retailers and
retailers and other
other commercial
commercial establishments
establishments that that collect,
collect, retain,
retain, convert,
convert, store,
store, or
or share
share
customers’ “biometric
customers’ “biometric identifier
identifier information”
information” toto notify
notify their
their customers
customersofthese practices before
of these practices before
customers enter
customers enter those
those establishments.
establishments. See See N.Y.C.
N.Y.C. Admin.
Admin. Code
Code §§ 22-1201
22-1201 etet seq. (“The
seq. (“The
Biometric Identifier
Biometric Identifier Information
Information Law”).
Law). TheThe type
typeofinformation
of information the the law
law applies
applies toto includes
includes any
any
physiological or
physiological biological characteristic
or biological characteristic that is used
that is used toto identify
identify (or
(or assist
assist inin identifying)
identifying) aa
person, such
person, such asas facial
facial recognition,
recognition, retina
retina scans,
scans, fingerprints,
fingerprints, handprints,
handprints, oror anyany other identifying
other identifying
characteristic like
characteristic like the
the shape
shape or
or size
size ofofaa person’s
person's body.
body.
2.
2. The Biometric Identifier
The Biometric Identifier Information
Information Law Law creates
creates aa very
very simple
simple mandate
mandate forfor
commercial that collect
establishments that collect customers’
customers” biometric identifier information:
biometric identifier information: they they must
must
“placfe]aa clear
“plac[e] clear and conspicuous sign
and conspicuous sign near
near allofthe
all of the commercialestablishment's
commercial establishment’s customer customer
entrances notifying
entrances notifying customers
customers inin plain,
plain, simple
simple language,
language, inin aa form
form and
and manner
manner prescribed
prescribed byby the
the
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commissionerofconsumer
commissioner and worker
of consumer and worker protection
protection by
by rule,
rule, that
that customers’
customers” biometric
biometric identifier
identifier
information isis being
information being collected,
collected, retained,
retained, converted,
converted, stored
stored or shared, as
or shared, as applicable.”
applicable.” N.Y.C.
N.Y.C.
Admin. Code
Admin. Code§§ 22-1202(a).
22-1202(a).
3.
3. By adopting
By adopting this
this basic
basic mandate,
mandate, the
the City
City of
of New
New York
York has
has made
made itit clear
clear that
that
consumers have
consumers have aa right
right toto know
know when
when commercial
establishments are
are collecting their biometric
collecting their biometric
identifier information,
identifier information, so
so that
that consumers
consumers can decide for
can decide for themselves
themselves whether
whether they
they want
want toto shop
shop atat
such establishments
such establishments or
or further
further investigate
investigate those
those establishments’
establishments” practices
practices before
before allowing their
allowing their
biometric identifier information
information toto be
be collected.
collected.
4.4. Since Since 2019,
2019, when
when Amazon
Amazon first
first opened several Amazon
opened several Amazon Go Go stores
stores inin New
New York
York
City, Amazon
City, Amazon has has collected, converted, retained,
collected, converted, retained, and
and stored
stored the
the biometric
identifier information
information
ofall customers who
of all customers who enter its Amazon
enter its Amazon Go stores. Unlike
Go stores. Unlike traditional grocery or
traditional grocery or convenience
convenience
stores where
stores where cashiers
cashiers scan
scan what
what customers
customers areare purchasing
purchasing and and charge
charge them
them forfor the
the goods,
goods, anan
Amazon Go
Amazon Go customer typically leaves
customer typically leaves the
the store with the
store with the goods they want
goods they want and
and isis automatically
automatically
charged for
charged for such
such goods
goods without wating inin line,
without waiting line, scanning,
scanning, or interacting with
or interacting with aa cashier.
cashier. To make
To make
this “Just
this Walk Out”
“Just Walk technology possible,
Out” technology possible, the
the Amazon
Amazon Go Go stores
stores constantly
constantly collect
collect and use
and use
customers’ biometric
customers’ biometric identifier
information, including
including by by scanning
scanning thethe palms
palmsofsome
of some customers
customers
to identify
to identify them
them and
and by
by applying
applying computer
computer vision,
vision, deep
deep learning
learning algorithms,
algorithms, and and sensor fusion
sensor fusion
that measure
that measure the shape and
the shape and size
sizeofeach
of each customers
customer’s bodybody toto identify
identify customers,
customers, tracktrack where
where they
they
move inin the
move the stores,
stores, and
and determine
determine what what they
they have
have purchased.
purchased.
5.
5. Despite constantly
Despite constantly collecting
collecting customers’
information inin
Amazon Go
Amazon Go stores in New
stores in New York
York City,
City, Amazon
Amazon has not complied
has not complied withwith the simple disclosure
the simple disclosure
requirementof
requirement the Biometric
of the Biometric Identifier
Identifier Information
Information Law.Law. From
From January
January 15,15, 2022,
2022, when
when thethe law’s
law’s
implementing rule
implementing rule went
went into
into effect, through March
effect, through March 13,13, 2023,
2023, Amazon
Amazon failed
failed toto post
post any
any signs
signs atat
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the entrancesof
the entrances of any Amazon Go
any Amazon Go stores
stores inin New
New York
York City that would
City that would notify
notify customers that those
customers that those.
stores collect,
stores collect, retain,
retain, convert,
convert, and
and store
store consumers” biometric identifier
consumers’ biometric identifier information.
information.
6.6. On February 7,7, 2023,
On February 2023, Plaintiff
PlaintiffAlfredo Rodriguez Perez
Alfredo Rodriguez Perez notified
notified Amazon
Amazon inin
writing that
writing that he
he had
had visited
visited the
the Amazon
Amazon Go Go store
store atat 80
80 Pine
Pine Street,
Street, that
that the
the store
store was
was collecting
collecting
information, that that Amazon
Amazon has has anan obligation
obligation to to post
post aa sign
sign
notifying customers
notifying customers about
about collecting
collecting such
such information,
information, and and that
that Amazon
Amazon was was not
not complying
complying with
with
that obligation.
that obligation.
7.
7. Amazon did
Amazon not respond
did not respond to to Mr.
Mr. Rodriguez
Rodriguez Perez’s
Perez's letter
letter atat all, let alone
all, let alone provide
provide
him with
him with anan express
express written
written statement
statement within
within 30 30 days
days that
that the violation had
the violation had been
been cured
cured and that
and that
nofurther
no violations would
further violations would occur in the
occur in the future,
future, as as the
the Biometric
Information Law Law.
required Amazon
required Amazon to to do. Nor did
do. Nor did Amazon
Amazon cure cure thethe violation.
violation.
8.
8. Instead, on
Instead, on or
or around
around March
March 14, 14, 2023,
2023, several
several days
days after
after the
the New
New YorkYork Times
Times
published aa story
published story on Amazon’s failure
on Amazon’s failure toto post
postaa signsign about
about itsts collection
collection of of biometric
identifier
information inin its
information its Amazon
Amazon Go Go stores
stores inin New
New York York City,
City,1 Amazon
Amazon firstfirst posted
posted aa signsign outside its
outside its
Amazon Go
Amazon Go stores.
stores.
9.9. But But that

that sign
sign woefully
woefully fails
fails toto comply
comply withwith thethe disclosure
disclosure mandate
mandateof the
of the
Information Law.
Law. TheThe new new sign fails toto disclose
sign fails disclose that
that Amazon
Amazon converts
converts and
and
retains biometric
retains biometric identifier
identifier information.
information. EvenEven worse,
worse, thethe sign
sign informs
informs customers
customers that that Amazon
Amazon
will not
will not collect
collect biometric
information on on them
them unless
unless they
they use
use thethe Amazon
Amazon One One palm
palm
scanner toto enter
scanner enter the
the Amazon
Amazon Go Go store,
store, even though Amazon
even though Amazon Go Go stores do collect
stores do collect biometric
biometric
1
See Kashmir
See Kashmir Hill,
Hill, Which
Which Stores
Stores Are Scanning Your
Are Scanning Your Face?
Face? No One Knows,
No One Knows, N.Y.
N.Y. Times
Times (Mar.
(Mar.
10, 2023),
10, 2023), https://www.nytimes.com/2023/03/10/technology/facial-recognition-stores.html
hitps:/www.nytimes.com/2023/03/10/technology/facial-recognition-stores htm
(stating that
(stating that aa reporter
reporter visited
visited an
an Amazon
Amazon Go store inin Manhattan
Go store Manhattan that
that “was
“was awash
awash inin cameras,
cameras,
sensors and
sensors and palm
palm scanners”
scanners” but
but did
did not
not have
have aa sign
sign disclosing
disclosing that
that the
the store
store collects customers”
collects customers’
biometric identifier information).
information).
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identifier information on
oneverysingle
every single customer, including information
customer, including information on the size
on the size and shape of
and shape of
every customer’s
every customers body.
body. Nor
Nor isis the sign clear
the sign clear and
and conspicuous,
conspicuous, as
as the
the sign’s
sign’s color,
color, style, and font
style, and font
are designed
are to avoid
designed to avoid attracting customers” attention.
attracting customers’ attention. And
And at Amazon Go’s
at Amazon Gos 30
30 Rockefeller
Rockefeller Plaza
Plaza
location-—a store
location—a store with
with six
six customer
customer entrance
entrance doors,
doors, placed
placed side-by-side—Amazon placed just
side-by-side—Amazon placed just aa
single small
single sign atat the
small sign the furthest
furthest end,
end, making
making itit all
all but
but impossible
impossible that
that aa customer
customer entering from
entering from
the opposite
the opposite side (i. five
side (i.e., ive doors
doors down)
down) will
will ever
ever see,
see, much
much less
less read,
read, the
the sign.
sign.
10.
10. By posting
By posting these
these signs,
signs, Amazon’s
Amazon's compliance with the
compliance with the Biometric
Identifier
Information Law
Information Law has
has gone
gone from
from bad
bad toto worse: instead of
worse: instead leaving customers
of leaving in the
customers in the dark
dark about its
about its
collection of
collection of biometric
biometric information,
information, as Amazon did
as Amazon did for
for 14
14 months,
months, Amazon
Amazon isis now
now affirmatively
affirmatively
offering false
offering false assurances
assurances that
that itit will
will not
not collect
collect any
any biometric information from
biometric information from most
most customers.
customers.
11.
11. Inthis
In action, Plaintiff
this action, Plaintiff Rodriguez
Rodriguez Perez
Perez seeks
seeks aa declaration
declaration that
that Amazon
Amazon has
has
violated the
violated the Biometric
Information Law,
Law, an
an order requiring Amazon
order requiring Amazon toto comply with
comply with
the law,
the law, and
and damagesforhimself and the
damages for himself and the other
other Amazon
Amazon customers
customers whose
whose rights
rights were
were violated
violated by
by
Amazon, among
Amazon, among other formsofrelif.
other forms of relief.
PARTIES
PARTIES
12.
12. Alfredo Alberto
Alfredo Alberto Rodriguez
Rodriguez Perez
Perez isis aa resident
resident ofKings County, New
of Kings County, New York,
York, and
and
has resided
has resided inin New
New York
York City
City since
since 2015.
2015. Mr.
Mr. Rodriguez
Rodriguez Perez
Perez has
has been
been an Amazon customer
an Amazon customer
for the
for the past
past decade.
decade.
13.
13. Amazon.com, Inc.
Amazon.com, Inc. isis aa publicly-traded
publicly-traded company
company headquartered
headquartered inin Seattle,
Seattle,
‘Washington and
Washington and incorporated
incorporated inin Delaware.
Delaware. Amazon
Amazon isis the
the world’s
world's largest
largest retailer
retailer and
and serves
serves its
its
consumers through
consumers both online
through both online and
and physical
physical stores,
stores, including
including inin the
the City
CityofNew York
of New York.
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JURISDICTION
JURISDICTION AND AND VENUE
VENUE
14. This
14. This Court
Court hashas subject
subject matter
matterjurisdictionunder
jurisdiction under 28 28 U.S.C.
U.S.C. §§ 1332(d)(2),
1332(d)(2), because
because
this isis aa class

this action where
class action where thethe amount
amount inin controversy exceeds $5
controversy exceeds $5 million,
million, exclusive
exclusive of interest
of interest
and costs,
and costs, and and the
the Plaintiff
Plaintiff and
and most
most ofof the
the Class
Class Members
Members are citizens of
are citizens of the
the State
State of
of New
New York,
York,
while the
while the Defendant
Defendant isis aa citizen
citizen ofofWashington
Washington State State and Delaware.
and Delaware.
15. There
15. There is is specific
specific personal
personal jurisdiction
jurisdiction over
over Amazon
Amazon in in this District, because
this District, because each
each
violation atat issue

violation issue inin this
this action
action occurred
occurred inin this
this District,
District, where
where Amazon
Amazon currently
currently operates
operates nine
nine
Amazon Go
Amazon Go stores that failed
stores that failed toto comply
comply with with the
the City
CityofNew York's Biometric
of New York’s Biometric Identifier
Identifier
Information Law.
Information Law.
16. Venue
16. Venue isis proper
proper in in this
this District
District under
under 28
28 U.S.C.
U.S.C. §§ 1391(b),
1391(b), because
because aa substantial
substantial
part of
part of thethe events
events and omissions giving
and omissions giving rise
rise toto the
the claims
claims alleged herein occurred
alleged herein occurred inin this
this District.
District
FACTUAL BACKGROUND
FACTUAL BACKGROUND
A. The
A. The CityCity of
of New
New York
York Enacts
Enacts the the Biometric
Information Law Law
17. InIn2021,
17. 2021, New New York
York CityCity enacted
enacted Local
Local Law
Law 33 (“the
(“the Biometric
Identifier
Information Law”),
Information Law”), which
which amended
amended the the New
New YorkYork City
City Administrative
Administrative CodeCode toto require
require
businesses toto notify
businesses notify customers
customersofthe use of
of the use of biometric
identifier technology
technology andand prohibit
prohibit the
the sale
sale
ofbiometric identifier information.
of biometric identifier information. The Biometric Identifier
Information LawLaw isis codified
codified inin
Chapter 12
Chapter 12ofTitle
of Title 2222 of
of the New York
the New York City
City Administrative
Administrative Code.
Code. See N.Y.C. Admin.
See N.Y.C. Admin. Code
Code §§ §§
22-1201 -– 1205.
22-1201 1205.
18. The
18. Biometric Identifier
Information Law Law requires
requires commercial establishments,
commercial establishments,
including retail
including retail stores
stores selling
selling goods
goods to to consumers,
consumers, that that collect, retain, convert,
collect, retain, convert, store,
store, or share
or share
information aboutabout consumers,
consumers, toto disclose
disclose that
that they
they do so by
do so placing aa clear
by placing clear
and conspicuous
and conspicuous sign sign atat each customer entrance.
each customer entrance. N.Y.C.
N.Y.C. Admin.
Admin. Code
Code §§ 22-1202(a).
22-1202).
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19.
Information Law Law defines
defines the the term
term “biometric
“biometric identifier
identifier
information” as
information” as “a physiologicalorbiological
“a physiological or biological characteristic
characteristic thatthat isis used
used by by or
or onbehalf
on behalf ofof aa
commercial establishment,
commercial establishment, singly singly or or inin combination,
combination, toto identify,
identify, or or assist
assist inin identifying,
identifying, an an
individual, including,
individual, including, but not limited
but not limited to: to: (i)
(i) aa retina
retina or
or iris
irs scan,
scan, (ii)
(ii) aa fingerprint
fingerprint or or voiceprint,
voiceprint,
(iii) aa scan
(iii) scan of hand or
of hand face geometry,
or face geometry, or any other
or any identifying characteristic.”
other identifying characteristic.” N.Y.C.N.Y.C. Admin.
Admin.
Code §§ 22-1201.
Code 22-1201. The specific examplesof
The specific examples of “biometric identifier information”
“biometric identifier information” identified
identified inin
Section 22-1201
Section 22-1201 areare illustrative
illustrative and and not
not exhaustive.
exhaustive.
20.
20. As the
As the New
New York York City
City Council's Committee on
Council’s Committee on Consumer
Consumer Affairs Affairs and
and Business
Business
Licensing stated
Licensing stated inin its
its December
December 10, 10, 2020
2020 Committee
Committee Report Report (atat p.p. 3)
3) on
on the
the Biometric
Identifier
Information Law,
Information Law, “physiological characteristics concern
“physiological characteristics concer the the shape
shape or or composition
composition of of the
the body”.
body”.
In other
In other words,
words, information
information on the size
on the sizeor or shape
shape of ofaa customer’s
customer’s body body isis an “identifying
an “identifying
characteristic” that
characteristic” that qualifies
qualifies as as “biological identifier information”
“biological identifier information” under under §§ 22-1201.
22-1201
21.
Information Law Law states
states that
that establishments
establishments can can comply
comply
with the
with the disclosure
disclosure requirements
requirements of of § 22-1202(a) by
§ 22-1202(a) by posting
posting atat every
every entrance
entrance the the sign prescribed
sign prescribed
by the
by the Commissionerof
Commissioner of Consumer Consumer and and Worker
Worker Protection.
Protection. N.Y.C.
N.Y.C. Admin.
Admin. Code Code §§ 22-1202.
22-1202.
22. InIn2021,
22. 2021, the the Commissioner
Commissionerof Consumer and
of Consumer and Worker
Worker Protection
Protection adopted
adopted aa rule
rule toto
implement the
implement Biometric Identifier
the Biometric Identifier Information
Information Law. Law. TheThe rule, which isis located
rule, which located inin Chapter
Chapter88 of of
Title 66 of
Title of the
the Rules
Rulesof of the City of
the City of New
New York,
York, states
states that:
that:
To comply with
To comply with section
section 22-1202
22-1202 of Chapter 12
of Chapter 12 of Title 22
of Title 22 ofof the New York
the New City
York City
Administrative Code,
Administrative Code, aa commercial
commercial establishment covered by
establishment covered by such
such section
section must
must
posta sign inin aa clear
post a sign clear andand conspicuous
conspicuous manner manner atat every
every entrance
entrance usedused by by customers
customers
inaa size
in sizeofat least 8.5
of at least 8.5 inches
inches by by 11 11 inches
inches that
that discloses
discloses ifif customers’ biometric
identifierinformation is being collected, retained, converted, stored, or shared. The
identifier information is being collected, retained, converted, stored, or shared. The
requirements of
requirements of this
this section
section may may be be fulfilled
fulfilled byby posting
posting aa colorcolor copy
copy of the
of the
Biometric Identifier Information Disclosure, as made publicly available on the
Biometric Identifier Information Disclosure, as made publicly available on the
Department's website,
Department’s website, in in aa clear
clear and and conspicuous
conspicuous mannermanner atat every entrance used
every entrance used
by
by customers
customers in in aa size
size ofofatat least
least 8.58.5 inches
inches byby 1111 inches.
inches.
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23.
23. The following
The following image
image isis the
the Biometric
Information Disclosure
Disclosure sign
sign that
that
he Departmentof Consumerand Worker rtetion has made publicly availble on s website
the Department of Consumer and Worker Protection has made publicly available on its website
so that
so that commercial
establishments like
like Amazon could post
Amazon could post aa color
color copy
copyofthis sign and
of this sign and comply
comply
with the Bomete denier Information Law's sign mandate

with the Biometric Identifier Information Law’s sign mandate.
Attention Customers
Biometric identifier
information collected
at this location
Business Name:
This Business collects, retains, converts, stores, or

shares customers’ biometric identifier information,
which may include:
9. o
raga r_n
L J
facial eye scans voiceprints
recognition
This is information that can be used to identify or help

identify you.
7
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B. Amazon
B. Go Stores
Amazon Go Stores in
in New
New York
York City
City collect, use, retain,
collect, use, retain, convert, and store
convert, and store
consumers’ biometric identifying
consumers’ biometric identifying information,
including the
the shape
shape and
and size
size of
of every
every
customer's body and
customer’s body and aa palm
palm image
image of
of many
many customers.
customers.
24.
24. In 2018,
In Amazon launched
2018, Amazon launched its its first
first Amazon
Amazon Go stores toto sell
Go stores sell food,
food, drinks,
drinks, and
and
other consumer
other consumer goodsgoods inin American
American cities.
cities. The
The keykey feature
feature that
that sets
sets Amazon
Amazon Go Go stores
stores apart from
apart from
traditional stores
traditional stores isis that
that customers
customers walk walk out
outof the stores
of the with goods
stores with they want
goods they want toto buy
buy without
without
checking out
checking out with
with aa cashier
cashier or or scanning
scanning goods
goods atat registers
registers themselves.
themselves. AmazonAmazon callscalls this
this “Just
“Just
‘Walk Out”
Walk Out” technology.
technology.
25.
25. 1n2019,
In Amazon opened
2019, Amazon opened itsits first
frst of
of several
several Amazon
Amazon Go Go stores
stores inin the
the City
City of
of New
New.
‘York. Today,
York. Today, Amazon
Amazon operates
operates nine
nine Amazon
Amazon Go Go stores in New
stores in New York
York City,
City, including
including aa store
store at
at
80 Pine
80 Pine Street
Street inin Lower
Lower Manhattan.
Manhattan.
26.
26. As Amazon
As Amazon explains
explains on its own
on its own website,
website, “Just
“Just Walk
Walk Out
Out technology
technology usesuses aa
combinationofsophisticated
combination of sophisticated tools tools and technologies toto determine
and technologies determine who who tooktook what
what from
from the
the store.
store.
‘When aa consumer
When consumer takes takes somethingoff
something off the shelf, it’s
the shelf, its added
added toto their
their virtual
virtual cart.
cart. When
When thethe
consumer puts
consumer puts the
the item
item back
back on on the
the shelf,
shelf, itit comes
comes out outoftheir virtual cart.
of their virtual cart. After
Afier they
they leave
leave the
the
store, they’re
store, they're charged
charged for for the items they
the items they left
left the
the store
store with.”
with.” Amazon,
Amazon, Just Walk Out
Just Walk technology
Out technology
by Amazon
by Amazon FAQs,FAQs, https://perma.cc/X5EB-FFY6.
https://perma.cc/XSEB-FFY6.
27.
27. The
The Just Walk Out
Just Walk Out technology
technology used used inin Amazon
Amazon Go stores relies
Go stores relies on
on computer
computer
vision, deep
vision, learning algorithms,
deep learning algorithms, and and sensor
sensor fusion.
fusion. Through
Through thesethese technologies,
technologies, Amazon
Amazon
identifies and
identifies and tracks
tracks thethe movements
movementsof each person
of each person whowho isis shopping
shopping fromfrom the the time
time they
they enter
enter the
the
store until
store they leave.
until they leave. AndAnd these
these technologies
technologies allowallow Amazon
Amazon toto distinguish
distinguish each each person
person from
from all
all
the other
the people inin the
other people the store. Amazon calls
store. Amazon calls this
this process
process “Person
“Person Detection.”
Detection.” When When conducting
conducting
Person Detection
Person Detection during
during the the entire
entire time
time aa customer
customer isis inin the
the store,
store, Amazon
Amazon collects, uses,
collects, uses,
88
1:23-cv-02251 Document 1 Filed 03/16/23 Page 9 of 30
Case 1:23-cv-02251
retainers, converts,
retainers, and stores
converts, and stores information
information on the size
on the size and
and shape
shape ofeach customer's body
of each customer’s body (as
(as.
well
‘well as the bodies of Amazon’s
Amazon's workers).
workers).
28.
28. Person Detection starts the moment that a customer enters the store, which is
when Amazon
when Amazon connects
connects each
each person’s
person’s body
body to
to the
the person’s
person’s Amazon
Amazon account.
account,
29.
29. A customer
A customer only
only has
has three
three options
options for
for entering an Amazon
entering an Amazon Go
Go store.
store. See
See Amazon,
Amazon,
‘Shopping at
Shopping at an
an Amazon
Amazon Go
Go Store,
Store, https://perma.cc/MH2P-2PCA.
https://perma.cc/MH2P-2PCA.
30.
30. First, the customer can scan a code in their Amazon app, which allows Amazon to
know which
know which person
person isis entering
entering the
the store and to
to charge
charge that
that person
person through
through the
the same
same method
method of
payment saved in their Amazon app.
31.
31. For example, in the picture below, a customer at a Midtown Manhattan Amazon
Go store
Go scans aa code
store scans code in
in his
his Amazon
Amazon app,
app, which
which causes
causes the
the gates
gates to
to open
open and
and allow
allow him
him to
to enter.
enter.
Eei 2y
Joint i
a. ef TO
oF H/ Y= a
!
fh) J |
h - i
32.
32. Second, the customer can scan a credit card that is linked to their Amazon
account, which
account, which likewise
likewise allows
allows Amazon
Amazon to
to know
know which
which person
person isis entering
entering the
the store
store and
and charge
charge
that person
that person through
through their normal
normal method
method of
of payment.
payment.
9
33.
33. Third, the customer
Third, the customer can
can use Amazon One,
use Amazon One, aa technology
technology that
that links
links an
an image
imageofofthe
the
customer's palm
customer’s palm to
to their
their Amazon
Amazon account, and then
account, and then allows
allows the
the customer
customer to
to enter
enter the store simply
the store simply
by hovering
by hovering their
their palm
palm over
over aa scanner. Amazon's proprietary
scanner. Amazon’s proprietary imaging
imaging and
and computer
computer vision
vision
algorithms capture
algorithms and encrypt
capture and the customer’s
encrypt the customer’s palm
palm image,
image, and
and after that the
after that the person’s
person’s palm
palm
serves as
serves as aa unique palm signature
unique palm signature that
that can
can be
be read
read by
by Amazon’s
Amazons scanners.
scanners. Thus,
Thus, when
when aa person
person
enters the
enters store with
the store with their
their Amazon
Amazon One
One palm signature, Amazon
palm signature, Amazon knows who that
knows who that person
person isis and
and
will charge that persons Amazon account for any goods that person takes from the store.
will charge that person’s Amazon account for any goods that person takes from the store.
‘Amazon's website explains how Amazon One works. See Amazon, How it works:
Amazon’s works: Meet Amazon
One,hitps://perma.c/ALET-IEYD.
One, https://perma.cc/AL8T-JFYD.
How does Amazon One work?
Your hands are uniquely The Amazon One device To create your unique
yours is designed to read them palm signature
ou ptm is made pof ty, distinc tnseconds, recessofproprietary Amazon Oneuses the formation
features on and below th sta, mai and computer von embedded inyou pam to reste
many that re nicole tothe algrtns capture and encrypt your unique palm signature hat can
man eye or. standard camer. samimage ead exch and every imeyou et.
10
10
Case 1:23.0v-02251 Document1 Filed 03/16/23 Page 11.0f30
34.
34. No matter
No matter which
whichofofthe three options
the three options the
the customer
customer chooses,
chooses, when
when any customer
any customer
enters the Amazon Go store Amazon immediately identifies that person based on the size and
enters the Amazon Go store Amazon immediately identifies that person based on the size and
shape ofof that

shape that person’s
person's body,
boy, and
and then
then continues tack that
continues to track tht person
person and analyze the
and analyze the person’s
person's
movements based
movements based onon their
their size
size and
and shape
shape until
until the
the person
person leaves
leaves the
the store.
store. To do this,
To do this, Amazon
Amazon
uses computer
uses computer vision,
vision, deep
deep learning
leaning algorithms,
algorithms, and
and hundreds
hundredsof cameras and
of cameras and sensors
sensors throughout
throughout
each store.
eachstore.
35. When
35. When customers
customers areare shopping
shopping inin anan Amazon
Amazon Go
Go store,
store, the
the top-level
top-level view
view ofof
Amazon's system
Amazon’s system looks
looks like
ike the
the following
following image,
imag, wherewhere each
each customer
customer isis represented
represented by
by a8
unique image
unique image and
and aa distinct
isin label.
abe. This
This top-level
top-level view
view allows
allows Amazon
Amazon toto track
track where
where every
every
customer moves within the store.
”; hg
3 os | an >
NAY JN --
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36.
36. Amazon also
Amazon applies computer
also applies vision to
computer vision to conduct
conduct aa horizontal-level
horizontal-level view
view of
of each
each
customer, ich rss Anson to dtrmin whch peopl raking what tes ofhs or
customer, which enables Amazon to determine which people are taking what items off shelves or
putting items
putting items back
back on
on shelves.
shelves. In
In this horizontal-level view—shown
this horizontal-level view—shown in
in the
the two
two images
images below—
below—
‘Amazon scans
Amazon scans the
the shape and sizeofeach
shape and person’s body
size of each person’s body and
and creates
creates aa skeleton-like
skeleton-like figure
figure for
for
cach person
each person that
that isis unique
unique to
to their
their size
size and shape. The
and shape. The movements
movements of these unique
of these unique figures
figures are
are
closely tracked
closely tracked by Amazon, so
by Amazon, so that
that Amazon
Amazon can associate each
can associate each person with the
person with the products
products they
they
touch, and
touch, thus determine
and thus determine which person isis removing
which person removing an
an item
item from
from theshelfor returning it.
the shelf or returning it.
EIR od HER oll So

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Evid
in v7 > MTL
AR NE-io5,
ras Xl te ae
x d| | ie(3
I BL TD
37.
37. Inaddition
In to identifying
addition to identifying people
people and
and their
their movements,
movements, through
through indexing
indexing and
and deep
deep
networks Amazon’ scholgis ca rsogin thousands ofproducts nthe sl word which

networks Amazon’s technologies can recognize thousands of products in the real world—which
is how
is how Amazon
Amazon knows
knows that
that aa particular
particular person
person has
has removed (or returned)
removed (or returned) aa specific
specific product
product from
from
aa shelf.
shelf. Amazon
Amazon calls
calls this
this “Object
“Object Recognition.”
Recognition.” For
For example,
example, Amazon
Amazon can
can identify
identify the
the same
same
yellow package
yellow package of Bombay Potatoes
of Bombay Potatoes (shown
(shown to
to the
the left)
left) or the same
or the same green
green package
packageofPirate's
of Pirate’s
Baty, whetherthe packages standing sight up, crinkled i. ll, or shown n dif
Booty, whether the package is standing straight up, crinkled in a ball, or shown in different
lighting.
lighting.
2
12
Case 1:23.0v-02251 Document 1 Filed 0316123 Page 13 0f 30
oa 7
WC Ama GS, V es oF
er on Ld a
Z 4 : il
EE Amazon operates the Just Walk Out technology both inside and——
38. outside of the
Ansan GoGost.
Amazon stores.
39.
39. While Amazon
While Amazon initially
initially collects identifying information
collects identifying information about
about customers
customers in
in the
the
‘Amazon Go
Amazon Go stores, including customers’
stores, including palm images
customers’ palm images and the size
and the size and
and shape
shape of
of cach customer's
each customer’s
body, that information is transmitted outsideofthe

of the stores to Amazon’s
Amazon's cloud services, where
‘Amazon converts,
Amazon converts, analyzes, and applies
analyzes, and applies the
the information
information on
on aa real-time
real-time basis
basis to
to make
make decisions
decisions
about which customers have moved where and what they have removed from and returned to
eh
shelves.
40.
40. Upon information and belief, Amazon also retains and stores the biometric
information of each Amazon Go customer. Amazon then converts, uses, and in some cases,
informationof
shares
‘shares or sells this information for Amazon’s
Amazon's own use and profit.
41.
41. Amazon's Just
Amazon’s Walk Out
Just Walk technology benefits
Out technology benefits the
the company
company financially
financially because
because itit
does not
does not have
have to
to employ
employ workers
workers to
to scan
scan groceries, place items
groceries, place items in
in bags,
bags, or
or spend
spend large
large amounts.
amounts
oftime
of accepting payments.
time accepting payments.
13
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Case 1:23-cv-02251
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14 of
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30
C. Despite
C. Despite constantly
constantly collecting,
collecting, converting, retaining, and
converting, retaining, and storing
storing customers’
customers’
information and having an
and having an obligation
obligation to
to post
post signs
signs disclosing
disclosing
this, until
this, until March
March 14,
14, 2023
2023 Amazon
Amazon failed
failed toto post
post any
any sign
sign at
at its
its Amazon
Amazon GoGo stores
stores
disclosing those practices.
disclosing those practices.
42.
42. The information about
The information Amazon Go
about Amazon Go customers
customers that that Amazon
Amazon collects, retains,
collects, retains,
converts, and
converts, stores toto identify
and stores identify those
those customers,
customers, namely
namely information
information about the size
about the size and shape of
and shape of
each customer’s
each customer's body
body andand the
the palm
palm images
images of of some
some customers,
customers, constitutes
constitutes “biometric
identifier
information” within
information” within the
the meaning
meaningofthe Biometric Identifier
of the Biometric Identifier Information
Information Law.Law. Information
Information on on the
the
size and
size and shape
shape of
of each
each customer's body isis an
customer’s body “identifying characteristic”
an “identifying that qualifies
characteristic” that qualifies as as
“biometric identifier information”
information” within the meaning
within the meaningof N.Y.C. Admin.
of N.Y.C. Admin. Code
Code §§ 22-1201.
22-1201. And And aa
“scanof
“scan the hand”
of the hand” isis also
also considered
considered “biometric identifier information”
“biometric identifier information”under N.Y.C. Admin.
under N.Y.C. Admin.
Code §§ 22-1201.
Code 22-1201.
43.
43. Because Amazon
Because Amazon collects, retains, converts,
collects, retains, converts, andand stores such biometric
stores such biometric identifier
identifier
information about
information its Amazon
about its Amazon Go Go store
store customers,
customers, Amazon
Amazon has has anan obligation under the
obligation under N.Y.C.
the N.Y.C.
Admin. Code
Admin. Code §§ 22-1202(a)
22-1202(a) toto “plac(e]
“plac[e] aa clear and conspicuous
clear and conspicuous sign sign near
near all of the
all of the commercial
commercial
establishment's customer
establishment’s customer entrances
entrances notifying
notifying customers
customers inin plain,
plain, simple
simple language,
language, inin aa form
form and
and
‘manner prescribed
manner prescribed by the commissioner
by the commissionerofconsumer
of consumer and and worker
worker protection
protection by by rule,
rule, that
that
being collected, retained, converted,
collected, retained, converted, stored
stored or or
shared, as
shared, as applicable.”
applicable.”
44.
44. Despite the
Despite the fact
fact that
that all
all of
of the
the Amazon
Amazon Go Go stores
stores inin New
New York
York CityCity have
have
collected, retained, converted,
converted, and and stored
stored biometric
information of of each
each customer
customer since
since:
2019, upon
2019, upon information
information and and belief
belief prior
prior toto March
March 14,14, 2023
2023 Amazon
Amazon did not display
did not display any signs atat
any signs
the entrances
the entrances ofof its
ts Amazon
Amazon Go Go stores
stores toto notify
notify customers
customers thatthat the
the stores
stores collect, retain, convert,
collect, retain, convert,
or store
or store customers’
including but but not
not limited
limited toto the
the standard
standard 8.58.5
xx 11-inch
11-inch sign
sign authorized
authorized by by New
New York
York City’s
City’s Department
Department of of Consumer
Consumer and Worker Protection.
and Worker Protection.
1
14
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30
D. Mr.
D. Mr. Rodriguez
Rodriguez Perez
Perez visits
visits an
an Amazon
Amazon Go Go Store
Store that
that lacks
lacks signage
signage about
about collecting
collecting
consumers’ biometric identifier
consumers’ biometric identifier information
information and
and later
later notifies
notifies Amazon
Amazon that
that itit isis
failing to
failing to post
post signs
signs about
about its
its collectionofconsumers” biometric identifier
collection of consumers’ biometric identifier
information.
information.
45.
45. On
On January
January 30,30, 2023,
2023, Mr.Mr. Rodriguez
Rodriguez Perez
Perez visited
visited the
the Amazon
Amazon Go Go Store
Store atat 80
$0
Pine Street,
Pine Street, NewNew York,
York, NY, 10005. The
NY, 10005. The 8080 Pine
Pine Street
Street Amazon
Amazon Go store has
Go store has an alternate mailing
an alternate mailing
address of
address of 110
110 Maiden
Maiden Lane,
Lane, New York, NY
New York, NY 10005.
10005
46.
46. The Amazon Go
The Amazon Go store
store at §0 Pine
at 80 Pine Street
Street inin Manhattan
Manhattan has has the
the same
same Just
Just Walk
Walk OutOut
technology as
technology as the
the other
other Amazon
Amazon Go Go stores
stores inin New
New York City, including
York City, including samesame types of computer
types of computer
vision, deep
vision, learning algorithms,
deep learning algorithms, andand sensor
sensor fusion
fusion that Amazon applies
that Amazon applies atat its
ts other Amazon Go
other Amazon Go
stores and
stores and inin the
the cloud.
cloud.
47.
47. When Mr.
When Mr. Rodriguez
Rodriguez PerezPerez entered
entered thethe 80
80 Pine
Pine Street
Street Amazon
Amazon Go Go store,
store, he
he did
did
not see
not sce any
any sign at any
sign at any entrance
entrance that
that notified
notified customers that customers”
customers that biometric identifier
converted, or stored. In
or stored. In particular,
particular, hehe did
did not see the
not see the 8.5
8.5
xx 11-inch
11-inch sign
sign that
that the
the Department
DepartmentofConsumer
of Consumer and Worker Protection
and Worker Protection has has made
made available
available toto
commercial establishments like like Amazon
Amazon toto comply with §§ 22-1202(a).
comply with 22-1202(a). See See
hitps:/perma.cc/QXST-G4SH.
https://perma.cc/QX57-G48H.
48.
48. To enter the
To enter the store,
store, Mr.
Mr. Rodriguez
Rodriguez Perez
Perez scanned
scanned aa code
code inin his
his Amazon
Amazon app. app. HeHe
opted toto enter
opted enter the
the store
store this way, instead
this way, instead of of scanning
scanning hishis palm
palm with
with the
the Amazon
Amazon One One technology,
technology,
because he
because he did not want
did not want to to provide
provide Amazon
Amazon such such personal
personal information
information about
about himself
himself and
and his
his
body.
body.
49.
49. Upon entering
Upon entering thethe store,
store, Amazon’s
Amazon's computer vision identified
computer vision identified Mr.Mr. Rodriguez
Rodriguez.
Perez through
Perez through the the shape
shape andand sizeofhis body and
size of his body then tracked
and then tracked every
every single movement that
single movement that Mr.
Mr.
Rodriguez Perez
Rodriguez Perez made
made inin the
the store
store toto identify
identify where
where hehe went,
went, what items he
what items he removed
removed fromfrom thethe
shelves, and
shelves, what items
and what items hehe put
put back
back on the shelves.
on the shelves.
15
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30
50.
50. During his
During his visit,
visit, Mr.
Mr. Rodriguez
Rodriguez Perez
Perez picked
picked out
out three
three items—a
items—a box
box of
of Whole
Whole:
Foods’ generic
Foods’ generic Oreo
Oreo cookies, Annies Cheddar
cookies, Annie’s Cheddar Bunnies
Bunnies Baked
Baked Snack
Snack Crackers,
Crackers, and mango
and mango
Kombucha—and walked
Kombucha—and walked outofthe store. After
out of the store. After he
he left
left the
the store,
store, Mr.
Mr. Rodriguez
Rodriguez Perez
Perez received
received aa
receiptfor
receipt for $13.17 from Amazon
$13.17 from Amazon for
for purchasing
purchasing those
those three
three items.
items.
SI.
51. IfMr.
If Rodriguez Perez
Mr. Rodriguez Perez had
had seen
seen the
the standard
standard 8.5
8.5 xx 11-inch
11-inch DCWP-authorized
DCWP-authorized
sign atat the
sign the entrance
entranceofthe 80 Pine
of the 80 Pine Street
Street Amazon
Amazon Go store informing
Go store informing him
him that
that the
the store
store “collects,
“collects,
retains, converts,
retains, stores, or
converts, stores, or shares
shares customers’ biometric identifier
customers’ biometric identifier information”
information” (or
(or aa similar
similar
custom sign
custom sign that
that complies with the
complies with Biometric Identifier
the Biometric Identifier Information
Information Law),
Law), he
he would
would not
not have
have
entered the
entered the store
store and he would
and he would not
not have
have made
made aa purchase
purchase atat the
the 80
80 Pine
Pine Street
Street Amazon
Amazon Go
Go store.
store.
Other than
Other than when
when he
he visited
visited the
the 80
80 Pine
Pine Street
Street Amazon
Amazon Go
Go store
store on
on January 30, 2023,
January 30, 2023, Mr.
Mr.
Rodriguez Perez
Rodriguez Perez has
has never
never entered an Amazon
entered an Amazon Go store.
Go store.
52.
52. Mr. Rodriguez
Mr. Rodriguez Perez
Perez values
values his
his privacy
privacy and
and isis concerned
concerned that
that companies
companies track
track
collect, retain,
collect, retain, convert,
convert, store,
store, and share too
and share too much
much information
information that
that isis linked
linked toto him
him and
and other
other
people. To
people. To limit
limit how
how much
much information
information isis tracked
tracked toto him
him personally,
personally, Mr.
Mr. Rodriguez
Rodriguez Perez
Perez
‘maintains an
maintains an email address that
email address that does
does not
not contain his name.
contain his name. Mr.
Mr. Rodriguez
Rodriguez Perez
Perez generally tries
generally tries
to prevent
to prevent companies
companies from
from tracking
tracking his
his personal
personal information
information online,
online, including
including by
by not
not accepting
accepting
cookies when
cookies when possible.
possible. Mr.
Mr. Rodriguez
Rodriguez Perez
Perez believes
believes that
that consumers
consumers should
should be
be fully
fully informed
informed
about what
about what data
data and information about
and information about them
them companies
companies collect,
collect, retain,
retain, convert, store, share,
convert, store, share, and
and
sell before
sell before those
those companies collect that
companies collect that data
data and
and information,
information, so
so that
that consumers can understand
consumers can understand
and knowingly
and knowingly consent to the
consent to the collection
collection of
of that
that data and information.
data and information.
53.
53. On February 7,7, 2023,
On February 2023, Mr.
Mr. Rodriguez
Rodriguez Perez
Perez mailed
mailed aa letter
letter toto the
the Amazon
Amazon Go Go
Store atat 80
Store 80 Pine
Pine Street,
Street, notifying
notifying Amazon
Amazon that
that he
he had
had visited
visited the
the Amazon
Amazon Go Go store
store atat 80
80 Pine
Pine:
Street, that
Street, that the
the store
store was collecting biometric
was collecting biometric identifier
information onon consumers,
consumers, including
including by by
16
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30
“using computer
“using vision and
computer vision and video
videoofbodily characteristics toto identify
of bodily characteristics identify customers,” that Amazon
customers,” that Amazon
has an
has an obligation
obligation to postaa sign
to post notifying customers
sign notifying about collecting
customers about such information,
collecting such information, and
and that
that
Amazon was
Amazon was not
not complying
complying with
with that
that disclosure
disclosure obligation.
obligation.
E. After
E. After being
being notified
notified of
of its
its violation,
violation, Amazon
Amazon fails
fails to
to take
take corrective measures or
corrective measures or
provide Mr. Rodriguez Perez with an express written statement that the violation
provide Mr. Rodriguez Perez with an express written statement that the violation
had been
had been cured
cured and
and that
that no
no further
further violations
violations will
wil occur.
occur.
54.
54. Amazon did
Amazon not respond
did not respond toto Mr.
Mr. Rodriguez
Rodriguez Perez’s
Perez's February
February 7,7, 2023
2023 letter,
letter, despite
despite
the fact
the fact that
that Mr.
Mr. Rodriguez
Rodriguez Perez
Perez provided
provided Amazon
Amazon his
his home
home address.
address. Nor
Nor did
did Amazon
Amazon provide
provide
Mr. Rodriguez
Mr. Rodriguez Perez
Perez with
with an
an express
express written
written statement
statement that
that the
the violation
violationof N.Y.C. Admin.
of N.Y.C. Admin. Code
Code
§§22-1202(a) has been
22-1202(a) has been cured
cured and
and that
that no
no further
further violations
violations shall
shall occur.
occur.
55.
55. From the
From the time
time that
that Mr.
Mr. Rodriguez
Rodriguez Perez
Perez wrote
wrote toto Amazon
Amazon on
on February
February 77 through
through
March 13,
March 13, 2023,
2023, Amazon
Amazon did
did not
not post
post any
any signs
signs atat the
the 80
80 Pine
Pine Street
Street store
store toto disclose
disclose Amazon’s
Amazon's
collection of
collection of biometric
information, and
and upon
upon information
information andbeliefAmazon did not
and belief Amazon did not
post any
post any signs
signs atat the
the other
other Amazon
Amazon Go
Go stores
stores inin New
New York
York City
City disclosing is collection
disclosing its collection of
of
biometric identifier information.
information.
56.
56. On March
On March 14,
14,2023, Amazon posted
2023, Amazon posted the
the following
following sign
sign atat the
the 80
80 Pine
Pine Street
Street
Amazon Go
Amazon Go store
store and at least
and at least some
someofthe other Amazon
of the other Amazon Go
Go stores
stores inin New
New York
York City.
City.
17
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Case 1:23v-02251 Document 1 Filed 03/16/23 Page 18 of 30
57.
57. The sign states as follows: “Biometric information collected at this location.
“The location.
Amazon Go. This business uses ain Amazon One device that collects and stores customers
Amazon Go. This business uses an Amazon One device that collects and stores customers’
biometric identifier information. If you use Amazon One, your biometric information will be
One,your
used to
used to help
help identify
identify you.
you. No
No biometric
biometric information
information will
will be
be collected
collected from
from customers
customers who
who do not
do not
use an
use an Amazon One palm
Amazon One palm scanner.”
scanner.”
58.
58. On or after March 14,
14, 2023, at the 30 Rockefeller Plaza Go store Amazon posted
aa small
small black
black sign
sign with the same
with the writing as
same writing as the
the sign
sign above. The sign
above. The sign isis shown
shown towards
towards the
the left
left of
of
the following
the following image.
image.
> = | =- =
“or = 1= Tl
S = -
! Wl r= =
| I ! |=
==
= SS BER 1
J RE
= a
59.
59. The sign that Amazon posted at its Go stores on or after March 14,
“The 14, 2023 falls
woefully shortofcomplying with the Biometric dentifisr Information Law's disclosure

woefully short of complying with the Biometric Identifier Information Law’s disclosure
mandate, and
mandate, accordingly Amazon
and accordingly Amazon has
has not
not yet
yet taken
taken corrective
corretive action
action ini response
response toto Mr.
Mr
Rodriguez Perez’s
Perez's February 7, 2023
2023 notice. See N.Y.C.
N.Y.C. Admin. Code § 22-1202(a).
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30
60.
60. Amazon's sign
Amazon’s does not
sign does not comply
comply withwith N.Y.C.
N.Y.C. Admin.
Admin. Code Code§§ 22-1202(a)
22-1202(a) for for three
three:
reasons.
reasons.
61.
61. First, the
First, the sign
sign isis not
not “clear
“clear andand conspicuous,”
conspicuous,”asas §§ 22-1202(a)
22-1202(a) and its
and its
implementing rule
implementing rule require.
require. The styleof
The style of the sign isis designed
the sign designed to to avoid
avoid attracting
attracting attention—the
attention—the
very opposite
very oppositeofclear and conspicuous.
of clear and conspicuous. The The color,
color, style,
style, and font size
and font sizeof the sign
of the sign do not attract
do not attract
the attention
the attention of of customers
customers who who enter
enter the
the store.
store. Amazon’s
Amazon's custom custom sign stands inin stark
sign stands stark contrast
contrast to to
the standard
the standard sign authorized by
sign authorized by NewNew YorkYork City’s
City's Department
Department ofConsumer
of Consumer and and Worker
Worker
Protection that
Protection that has
has aa bright
bright red
red banner
banner that
that draws
draws attention
attention by by stating
stating “Attention
“Attention Customers.”
Customers.” In In
addition, atatleast
addition, least inin the
the case
caseof the 30
of the 30 Rockefeller
Rockefeller Plaza Plaza location,
location, the
the small sign has
small sign has not
not been
been
placed atat each
placed each consumer entrance and
consumer entrance and hashas been
been placed
placed in in aa location
location toto the
the far
far left
left that
that makes
makes itit all
all
but impossible
but impossible that that customers
customers entering
entering on the opposite
on the opposite side side (i.e. five doors
(i.e., five doors down) will ever
down) will see,
ever see,
‘much less
much less read,
read, the
the sign.
sign
62.
62. Second, the
Second, the sign
sign does not identify
does not identify allallofthe actions that
of the actions that Amazon
Amazon takestakes with
with
respect toto customers”
respect biometric identifier
customers’ biometric identifier information
information that that§§ 22-1202(a)
22-1202(a) requires
requires toto be
be disclosed
disclosed
onaa sign.
on sign. Section
Section 22-1202(a)
22-1202(a) and and itsits implementing
implementing rule rule require
require commercial
establishments to to
postaa sign
post sign notifying
notifying customers
customers that that “customers’
“customers biometric
biomelric identifier
being.
collected, retained, converted, stored, or
converted, stored, or shared,
shared, as applicable.” N.Y.C.
as applicable.” N.Y.C. Admin.
Admin. CodeCode §§ 22-22-
1202(a) (emphasis
1202(a) (emphasis added);
added); see also N.Y.C.
see also N.Y.C. Rules,
Rules, Tit.Tit. 6,6, Ch.
Ch. 8,8, §§ 8-01
8-01 (stating
(stating that
that the
the sign
sign must
must
disclose “if
disclose “if customers’
information isis beingbeing collected,
converted,
stored, or
stored, shared.”). The
or shared.”). The model
model signsign provided
provided by by the Department of
the Department of Consumer
Consumer and and Worker
Worker
Protection references
Protection references not notjust the collection
just the collection of of biometric
information, but but covers
covers thethe
waterfront of
waterfront of all
all the
the relevant
relevant types
typesof actions the
of actions the law
law requires
requires toto be be disclosed.
disclosed. ItIt states,
states, “This
“This
Business collects,
Business retains, converts,
collects, retains, stores, or
converts, stores, or shares’
shares’ customers’
identifier
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information.” By
information.” By including
including the
the words
words “as
“as applicable”
applicable” inin the
the phrase “customers” biometric
phrase “customers’ biometric
identifier information isis being
being collected,
converted, stored
stored or
or shared,
shared, as
as applicable,”
applicable,” §§
22-1202(a) makes
22-1202(a) makes clear
clear that
that the
the sign must disclose
sign must disclose all
all of the relevant
of the relevant types
typesofactions that the
of actions that the
commercial establishment
commercial establishment takes with respect
takes with respect toto biometric
identifier information.
information.
63.
63. But Amazon’s
But Amazon's sign sign only
only mentions
mentions generally that biometric
generally that biometric information
information isis
“collected” atat this
“collected” his location
location and when referencing
and when referencing the
the Amazon
Amazon OneOne palm scanner itit says
palm scanner says that
that the
the
device “collects
device “collects andand stores customers’ biometric
stores customers’ biometric identifier
identifier information.”
information.” (emphasis
(emphasis added).
added). TheThe
sign, however,
sign, however, does does not
not state
state that
that Amazon
Amazon converts
converts oror retains customers’ biometric
retains customers’ biometric identifier
identifier
information, even
information, even though
though Amazon
Amazon does convert and
does convert and retain
retain such
such information,
information, as as described
described above.
above,
64.
64. Third,
Third, andand most
most troubling,
troubling, other than the
other than the sign’s references toto how
sign’s references how the
the Amazon
Amazon
One palm
One palm scanner collects and
scanner collects and stores
stores biometric
information from
from customers
customers who who useuse
Amazon One,
Amazon One, thethe sign
sign expressly
expressly denies and disavows
denies and disavows thatthat Amazon
Amazon Go Go stores
stores collect
collect customers”
customers’
information. ItIt unequivocally
unequivocally states:
states: “No biometric information
“No biometric information will will be
be:
collected from
collected from customers
customers whowho do not use
do not use an
an Amazon
Amazon One One palm
palm scanner.”
scanner.” In In other words, the
other words, the
sign isis telling
sign telling customers
customers thatthat ifif they
they do not use
do not use the Amazon One
the Amazon palm scanner,
One palm scanner, their
their biometric
biometric
identifier information willwill never
never be be collected.
collected. But
But as
as described
described above,
above, the Amazon Go
the Amazon stores
Go stores
always collect,
always collect, convert,
convert, store,
store, andand retain
retain biometric
information from
from every
every customer
customer
who enters
who enters the stores—including those
the stores—including those who
who don’t
don’t use
use the
the Amazon
Amazon One palm scanner—by
One palm scanner—by
applying computer
applying vision, decp
computer vision, leaning algorithms,
deep learning algorithms, and
and sensor
sensor fusion
fusion that
that measure
measure the shape
the shape
and sizeof
and size of eacheach customers
customer’s bodybody toto identify
identify customers, track where
customers, track where they
they move
move inin the
the stores,
stores, and
and
determine what
determine what they
they have
have purchased.
purchased.
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65.
65. An ordinary,
An ordinary, reasonable
reasonable person
person whowho reads Amazon's sign
reads Amazon’s sign would
would thusthus believe
believe thatthat
their biometric
their biometric identifier
information will will not
not be
be collected
collected by by the
the Amazon
Amazon Go Go store so long
store so long asas
they don’t
they don’t useuse the
the Amazon
Amazon One palm scanner
One palm scanner toto enter,
enter, even though Amazon
even though always collects,
Amazon always collects,
retains, converts,
retains, and stores
converts, and stores biometric
information for for each-and-every
ach-and-every customer.
customer.
66.
66. Customers
Customers who who read
read thethe sign
sign but
but dodo not
not use
use the
the Amazon
Amazon One One palm
palm scanner
scanner are are:
placed inin aa worse
placed worse position
position for
for having
having readread the
the sign than ifif they
sign than they had
had not
not seen
seen the
the sign
sign inin the first
the first
place—because they
place—because they have
have been
been led
led toto falsely
falsely believe
believe that
that Amazon
Amazon will will notnot collect
collect any
any of of their
their
information. AndAnd eveneven customers
customers who who choose
choose toto use
use the
the Amazon
Amazon One One palm
palm
scanner would
scanner would reasonably
reasonably believe
believe that
that the the Amazon
Amazon One palm scanner
One palm scanner isis the
the only
only wayway in in which
which
their biometric
their biometric identifier
information isis being collected, although
being collected, although thatthat isis not
not true.
true.
CLASS
CLASS ACTION ACTION ALLEGATIONS
ALLEGATIONS
67.
67. The
The namedPlaintiffbrings
named Plaintiff brings this this action
actionasas aa proposed
proposed classclass action
action under
under RuleRule 23 23 of
of
the Federal
the Federal Rules
Rulesofof Civil Procedure on
Civil Procedure behalf
on behalf ofthe following Class:
of the following Class: “all
“all persons
persons whowho on on or
or
after January
after January 15, 15, 2022
2022 through the date
through the dateofjudgment
of judgment in in this
this action made aa purchase
action made purchase from
from an an
Amazon Go
Amazon Go store in the
store in the City
Cityof New York
of New York thatthat did not post
did not postaa sign
sign atat each
each customer
customer entrance
entrance that that
complies with
complies with N.Y.C.
N.Y.C. Admin.
Admin. Code
Code §§ 22-1202(a).”
22-1202(a).”
Rule 23(a)
Rule 23(a) isis satisfied.
satisfied.
68.
68. The
The Class Members are
Class Members are so so numerous
numerous that that joinderofall members isis impracticable.
joinder of all members impracticable.
Upon information
Upon information and belief, there
and belief, there are
are at at least
least tens
tensofthousandsof
of thousands of people people whowho are members of
are members of
the proposed
the Class, because
proposed Class, because during the relevant
during the relevant time
time period
period they
they made
made purchases
purchases atat Amazon
Amazon Go Go
stores inin the
stores the City
Cityof New York
of New York that
that did
did not not comply
comply with with N.Y.C.
N.Y.C. Admin.
Admin. CodeCode §§ 22-1202(a).
22-1202(a).
2
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30
69.
69. There are atat least
There are least several
several questions
questions of law and
of law and fact
fact common
common toto all Class Members,
all Class Members,
including:
including:
a.a. Whether
Whether the the Amazon
Amazon Go Go stores
stores inin the
the City
Cityof New York
of New York havehave collected,
collected,
retained, converted, and/or
and/or stored
stored biometric
information aboutabout
consumers?
consumers?
b. Whether
b. Whether the the Amazon
Amazon Go Go stores
stores inin the
the City
City of
of New
New York
York havehave posted
posted clear
clear and
and
conspicuous signs
conspicuous near each
signs near each of their customer
of their customer entrances
entrances that
that comply
comply with with
N.Y.C. Admin.
N.Y.C. Admin. Code
Code §§ 22-1202(a)?
22-1202(a)?
.c. Whether
Whether Amazon
Amazon has has violated
violated N.Y.C.
N.Y.C. Admin.
Admin. CodeCode §§ 22-1202(a)?
22-1202(a)?
d.d. Whether
Whether Amazon
Amazon was was unjustly
unjustly enriched
enriched by by its
its failure
failure toto notify
notify customers
customers that that
its Amazon
its Amazon Go stores collected,
Go stores collected, retained,
retained, converted, and/or stored
converted, and/or stored consumers’
consumers”
biometric identifier information?
information?
€.e. Whether
Whether declaratory
declaratory and
and injunctive
injunctivereliefis warranted?
relief is warranted?
£. Whether
f. Whether Amazon
Amazon owesowes damages
damages of of atat least
least $500
$500toto each memberof
each member of the Class
the Class
for each
for violation ofN.Y.C.
each violation Admin. Code
of N.Y.C. Admin. Code §§ 22-1202(a)?
22-1202(a)?
&g. Whether
Whether attorneys’
attomeys” fees
fees and
and costs
costs should
should be be awarded?
awarded?
70. The
70. Plaintiffs claims
The Plaintiff’s are typical
claims are typical of of the
the claims
claimsofthe Class he
of the Class he seeks
secks toto represent,
represent,
because during
because during the relevant period
the relevant periodPlaintiff and the
Plaintiff and the Class Members entered
Class Members entered Amazon
Amazon Go Go stores
stores inin
the City
the City of New York,
of New York, they
they purchased
purchased goods
goods from
from thethe Amazon
Amazon Go stores, and
Go stores, Amazon failed
and Amazon failed toto
post clear
post clear and conspicuous signs
and conspicuous signs near
near each
eachofthe
of the stores”
stores’ entrances notifying customers
entrances notifying customers in in plain,
plain,
simple, language
simple, language thatthat customers’ biometric identifier
customers’ biometric identifier information
information was was being
being collected,
retained,
converted, or
converted, or stored.
stored. Accordingly,
Accordingly, thethe Plaintiff’s
PlaintifP°s claims arise from
claims arise from the
the same pattern or
same pattern or practice
practice
or course
or courseofconduct
of conduct that that forms
forms the
the basis
basisofthe Class Members’
of the Class Members” claims. In addition,
claims. In addition, the
the Plaintiff
Plaintiff
2
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30
brings the
brings the same
same claims
claims for
for violation
violation of
of the
the Biometric
Information Law
Law and for unjust
and for unjust
enrichment based
enrichment on the
based on the same legal theory
same legal theory as
as the
the other
other Class Members.
Class Members.
71.
71. Both the
Both thePlaintiffand his counsel
Plaintiff and his counsel will fairly and
will fairly and adequately represent the
adequately represent the Class.
Class.
There isis no
There no antagonism between the
antagonism between the interests
interests of thePlaintiffand
of the Plaintiff and those of the
those of the Class
Class Members.
Members.
There isis no
There no conflict between the
conflict between the Plaintiff’s
Plaintiffs claims
claims and the claims
and the claimsof the Class
of the Members. The
Class Members. The
Plaintiffhas
Plaintiff has retained counsel skilled
retained counsel skilled in in complex
complex classclass actions
actions whowho will
will vigorously
vigorously prosecute
prosecute thisthis
litigation.
litigation.
Rule 23(b)(3)
Rule 23(b)(3) certification
certification isis appropriate.
appropriate.
72. Class
72. Class certification
certification isis appropriate
appropriate for for the proposed Class
the proposed under Rule
Class under Rule 23(b)(3).
23(b)(3). The
The
common questionsoffact
common questions of fact andand law,
law, described
described above,
above, predominate
predominate over over anyany questions affecting
questions affecting
only individual
only individual Class
Class Members,
Members, including
including whether
whether Amazon
Amazon violated
violated and continues toto violate
and continues violate the
the
Information Law Law and
and the
the relief
relief the
the Plaintiff
Plaintiffandand the the Class
Class Members
Members seek. seek.
73. AA class
73. class action
action isis superior
superior toto all
all other
other available
available methods
methods for for the
the fair
fair and
and efficient
efficient
adjudicationofthis
adjudication of this controversy. First, the
controversy. First, the Class Members do
Class Members do not
not have
have an interest inin individually
an interest individually
controlling the
controlling the prosecution
prosecutionof of separate actions, because
separate actions, because their individual damages
their individual damages are unlikely toto
are unlikely
be large
be large enough
enough to to warrant pursuing individual
warrant pursuing individual litigation
litigation inin court
court oror toto obtain
obtain counsel
counsel toto pursue
pursue
an individual
an individual action,
action, and
and because
because the the costoflitigating
cost of litigating thethe action
action will
will farfar exceed any potential
exceed any potential
benefit for
benefit for individual
individual Class
Class Members.
Members.
74. The
74. The prosecution
prosecution of of separate
separate actions
actions by individual Class
by individual Class Members
Members would
would also also
impose heavy
impose heavy burdens
burdens on the courts
on the courts andand would
would create
create aa risk
risk of inconsistent or
of inconsistent or varying
varying
adjudications of
adjudications of the
the questions
questionsof law and
of law and fact
fact common
common to to the
the proposed
proposed Class,Class, including
including the the key
key
legal question
legal question ofofwhether Amazon has
whether Amazon has violated
violated the
the Biometric
Information Law.Law. AA class
class
action, on
action, the other
on the other hand,
hand, would
would achieve
achieve substantial
substantial economiesof
economies of time, time, effort, and expense,
effort, and expense, andand
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30
would assure
would assure the
the uniformity
uniformityofdecision with respect
of decision with respect toto persons
persons similarly
similarly situated
situated without
without
sacrificing procedural
sacrificing procedural fairness
faimess or
or bringing
bringing about
about other undesirable results.
other undesirable results.
75.
75. Second, the
Second, the Plaintiff
Plaintiffand his counsel
and his counsel are unawareofany
are unaware other litigation
of any other litigation by the
by the
Class Members
Class Members against
against Amazon
Amazon regarding
regarding the
the practices
practices challenged
challenged inin this
this action.
action.
76.
76. Third,
Third, ititisis desirable
desirable toto concentrate
concentrate thethe litigation
litigation of the claims
of the in this
claims in this forum,
forum,
because all
because allof the Amazon
of the Amazon Go Go stores in New
stores in New York
York City
City are
are located
located inin this District and
this District and venue
venue isis
proper inin this
proper this District.
District.
77. There
77. will be
There will be no
no difficulty
difficulty managing
managing thisthis action
action as
as aa class
class action.
action.
FIRST CLAIM
FIRST CLAIM FOR FOR RELIEF
RELIEF
Violationof
Violation the City
of the City of New York’s
of New York's Biometric
Information Law Law
N.Y.C. Admin. Code § 22-1202(a)
N.Y.C. Admin. Code § 22-1202(a)
On Behalf
On Behalf ofof Plaintiff
Plaintiff and
and the the Proposed
Proposed Class
Class
78. The
78. Plaintiff, on
The Plaintiff, on behalf
behalfofhimselfand
of himself and the the Class
Class Members,
Members, incorporates
incorporates by by
reference all
reference all preceding
preceding paragraphs.
paragraphs.
79. Amazon
79. Amazon has has engaged
engaged inin aa pattern
pattem or practiceofviolating
or practice of violating N.Y.C. Admin. Code
N.Y.C. Admin. Code §§
22120200)
22-1202(a).
80. N.Y.C.
80. N.Y.C. Admin.
Admin. Code Code §§ 22-1202(a)
22-1202(a) provides
provides thatthat “[a]ny
“[alny commercial establishment
commercial establishment
that collects,
that collects, retains,
retains, converts, stores or
converts, stores or shares
shares biometric
informationofof customers
customers
‘must disclose
must such collection,
disclose such retention, conversion,
collection, retention, conversion, storage
storage or sharing, as
or sharing, as applicable,
applicable, byby placing
placing
aa clear
clear and
and conspicuous
conspicuous sign near all
sign near all of
of the
the commercial
commercial establishment’s
establishment's customer
customer entrances
entrances
notifying customers
notifying customers inin plain,
plain, simple language, inin aa form
simple language, form and manner prescribed
and manner prescribed byby the
the
commissionerofconsumer
commissioner of consumer and and worker
worker protection
protection byby rule,
rule, that
that customers’
identifier
converted, stored
stored or shared, as
or shared, as applicable.”
applicable.”
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30
81.
81. N.Y.C. Admin
N.Y.C. Admin Code
Code §§ 22-1201
22-1201 provides
provides that
that “[tJhe term ‘biometric
“[t]he term ‘biometric identifier
identifier
information” means
information’ means aa physiological
physiologicalorbiological
or biological characteristic that isis used
characteristic that used by
by or
or onbehalfof
on behalf of aa
commercial establishment,
commercial singly or
establishment, singly or inin combination,
combination, toto identify,
identify, or
or assist
assist inin identifying,
identifying, an
an
individual, including,
individual, including, but not limited
but not limited to:
to: (i)
(i) aa retina
retina or
or iris
irs scan,
scan, (ii)
(ii) aa fingerprint
fingerprint or
or voiceprint,
voiceprint,
(iii) aa scan
(iii) scan of hand or
of hand face geometry,
or face geometry, or any other
or any identifying characteristic.”
other identifying characteristic.”
82.
82. The
The Amazon
Amazon Go Go stores in the
stores in the City
Cityof New York
of New York areare “commercial
“commercial
establishment[s]” within
establishment[s]” within thethe meaning
meaning ofof§§ 22-1201,
22-1201, because
because eacheach store
store isis aa “retail store” and
“retail store” and aa
“food and
“food and drink
drink establishment.”
establishment.” Each Each Amazon
Amazon Go Go store
store isis aa “retail
“retail store”
store” because
because itit isis an
an
establishment that
establishment that sells
sells consumer
consumer commodities.
commodities. AndAnd each store isis aa “food
each store “food and and drink
drink
establishment” because
establishment” because itit sells
sells food
food or beverages toto the
or beverages the public
public forfor consumption
consumptionoffof off of thethe
premises. See
premises. See N.Y.C. Admin. Code
N.Y.C. Admin. Code §§ 22-1201.
22-1201.
83. As
83. As described
described above,
above, each
cach Amazon
Amazon Go store, by
Go store, by operating
operating its its Just
Just Walk
Walk Out Out
technology, collects,
technology, collects, retains,
retains, converts,
converts, and
and stores
stores biometric identifier information
biometric identifier information aboutabout eacheach
customer who
customer who enters
enters thethe store, including but
store, including but not
not limited
limited toto information
information about about the the size
size andand shape
shape
of each customer’s
of each customer’s body body andand palm images of
palm images of consumers
consumers who who useuse the Amazon One
the Amazon One technology
technology toto
sign into
sign into the
the store.
store,
84. Information
84. Information about the size
about the size and shape ofeach
and shape customer's body
of each customer’s body isis biometric
biometric:
identifier information withinwithin the
the meaning
meaning ofN.Y.C. Admin. Code
of N.Y.C. Admin. Code §§ 22-1201,
22-1201, because
because that that
information constitutes
information constitutes aa physiological
physiological or or biological characteristic used
biological characteristic used by by Amazon,
Amazon, singly
singly oror inin
combination, toto identify
combination, identify thethe customer,
customer, and
and that
that information
information isis an “identifying characteristic”
an “identifying characteristic” of of
ach customer.
each customer. As As the
the New
New York
York City
City Council’s
Council's Committee
Committee on on Consumer
ConsumerAffairs Affairs and Business
and Business
Licensing stated
Licensing stated inin its
its December
December 10, 10, 2020
2020 Committee
Committee Report
Report (at(at p.p. 3)
3) on
on Local
Local Law
Law 3,3,
“physiological characteristics
“physiological characteristics concer
concern the shape or
the shape compositionof
or composition of the body”.
the body”.
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85.
85. The
The palm images that
palm images that Amazon
Amazon Go stores scan
Go stores scan are
are also
also biometric
identifier
information within
information the meaning
within the meaning of ofN.Y.C. Admin. Code
22-1201. AA “scan
“scan ofof [the]
[the] hand”
hand” isis
one of
one the enumerated
of the examplesof
enumerated examples “biometric identifier
of “biometric identifier information”
information” inin N.Y.C.
N.Y.C. Admin.
Admin. Code
Code §§
22-1201.
22-1201.
86. Upon
86. Upon information
information and and belief,
belief, from
from January
January 15, 15, 2022,
2022, when
when thethe Biometric
Biometric
Identifier Information Law Law became
became effective,
effective, through
through March
March 13,13, 2023,
2023, none
noneofthe Amazon Go
of the Amazon Go
stores inin New
stores New York
York City
City placed
placed anyany sign near the
sign near the entrances
entrancesof the stores
of the stores toto notify
notify customers
customers that
that
customers’ biometric information
being collected, retained, converted,
collected, retained, converted, or or stored.
stored.
87. By
87. By failing
failing toto post
post any
any sign
sign notifying
notifying consumers
consumers thatthat their
their biometric
biometric information
information isis
being collected,
being collected, retained,
retained, converted
converted or or stored
stored by by all
all of
ofits Amazon Go
its Amazon stores inin New
Go stores New York
York City
City
from January
from January 15, 15, 2022
2022 through
through March
March 13,13, 2023,
2023, Amazon
Amazon violated
violated N.Y.C.
N.Y.C. Admin.
Admin. CodeCode §§ 22-
22-
12022)
1202(a).
88. Although
88. Although on on March
March 14, 14, 2023
2023 Amazon
Amazon placed
placed aa sign
sign atat the
the 80
80 Pine
Pine Street
Street store—
store—
and other
and Amazon Go
other Amazon Go stores
stores inin New
New York
York City—stating
City—stating that that the
the store
store collects biometric.
collects biometric
identifier information, that
that sign
sign does
does not
not comply
comply with with N.Y.C.
N.Y.C. Admin.
Admin. Code
Code §§ 22-1202(a).
22-1202(a).
89. As
89. As described
described above,
above, thethe sign
sign isis not
not “clear
“clear and
and conspicuous,” because it’s
conspicuous,” because it's designed
designed
to avoid
to attracting the
avoid attracting the attentionofcustomers entering the
attention of customers entering the store.
store. The
The sign
sign also does not
also does not disclose
disclose
that the
that the Amazon
Amazon Go stores convert
Go stores convert or retain biometric
or retain biometric identifier
information, asas required
required byby §§
N.Y.C. Admin.
N.Y.C. Admin. Code
Code §§ 22-1202(a),
22-1202(a), when the commercial
when the commercial establishment
establishment doesdoes convert
convert oror retain
retain
such information.
such information. And And the sign expressly
the sign expressly denies
denies andand disavows
disavows thatthat Amazon
Amazon Go stores are
Go stores are
collecting customers’
collecting customers’ biometric identifier information
biometric identifier information except for customers
except for customers who who useuse the
the Amazon
Amazon
One palm
One palm scanner, even though
scanner, even though thethe Amazon
Amazon Go Go stores
stores do collect, retain,
do collect, retain, convert,
convert, and store
and store
information fromfrom all customers, including
all customers, including the
the ones
ones who
who dodo not
not use
use the
the
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Amazon One
Amazon One palm scanner. Rather
palm scanner. Rather than
than informing
informing all Amazon Go
all Amazon customers that
Go customers that their
their biometric
biometric
identifier information will
will be
be collected—as well as
collected—as well as retained,
converted, and
andstored—as required
stored—as required
by §§ N.Y.C.
by N.Y.C. Admin.
Admin. Code
Code §§ 22-1202(a),
22-1202(a), Amazon’s
Amazon's sign
sign communicates
communicates toto customers
customers that
that their
their
information will
wil not
not be
be collected.
collected.
90.
90. PlaintiffRodriguez
Plaintiff Rodriguez Perez Perez and
and thethe other
other Class
Class Members
Members have have been aggrieved by
been aggrieved by
Amazon's violation
Amazon’s violationofof§§ 22-1202(a), because Amazon
22-1202(a), because Amazon failed
failed toto provide
provide them
them with
with the
the proper
proper
notification that
notification that isis required
required by by §§ 22-1202(a)
22-1202(a) when they approached
when they approached and then entered
and then entered the
the Amazon
Amazon
Go stores
Go stores inin New
New YorkYork City.
City.
91.
91. PlaintiffRodriguez
Plaintiff Rodriguez Perez Perez and other members
and other membersofthe Class have
of the Class been injured
have been injured byby
Amazon's failure
Amazon’s failure toto provide
provide themthem with
with the the notification
notification required
required by by N.Y.C.
N.Y.C. Admin.
Admin. Code
Code §§ 22-
22-
1202(a), including
1202(a), including but but not
not limited
limited toto making
making purchases
purchases atat Amazon
Amazon Go Go stores
stores that
that they
they otherwise.
otherwise
would not
would not have
have made
made had had Amazon
Amazon provided
provided themthem the
the required
required notification
notification andand having
having their
their
information collected,
converted, and and stored
stored byby Amazon
Amazon without
without
their knowledge
their knowledge and/or consent
and/or consent.
92.
92. UnderN.Y.C.
Under N.Y.C. Admin.
Admin. CodeCode §§ 22-1203,
22-1203, Amazon
Amazon isis liable
liable toto the
thePlaintiffand each
Plaintiff and each
‘member of
member of the
the Class
Class for for damages
damages of of atat least
least $500
$500 for
for each
each violation
violation ofof§ 22-1202(a). AA violation
§ 22-1202(a). violation
has occurred
has occurred each
each timetime that
that the
the Plaintiff
Plaintiff or
or aa member
memberof the Class
of the Class entered
entered anan Amazon
Amazon Go store inin
Go store
New York
New York City
City on
on or after January
or after January 15, 15, 2022
2022 ata time when
at a time when Amazon
Amazon did did not
not place
place aa sign
sign near
near all
all
of the entrances
of the entrances of of thethe Amazon
Amazon Go stores that
Go stores that complies
complies withwith §§ N.Y.C.
N.Y.C. Admin.
Admin. Code Code §§ 22-
22-
1202(a).
1202(a).
93.
93. Amazon's actions
Amazon’s were intentional,
actions were intentional, deliberate, reckless, and
deliberate, reckless, indifferent toto the
and indifferent the
rights of
rights of Plaintiff
Plaintiffand the Class
and the Class Members.
Members.
7
27
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30
94.
94. ThePlaintiffsecks
The Plaintiff seeks his his attorneys’
attorneys’ feesfees and
and costs
costs related
related to to this
this lawsuit
lawsuit and
and
Amazon's violations
Amazon’s violations of of N.Y.C.
N.Y.C. Admin. Admin. Code Code §§ 22-1202(a).
22-1202(a).
95.
95. Because Amazon
Because Amazon failed failed toto provide
provide Mr.Mr. Rodriguez
Rodriguez Perez
Perez with
with anan express
express written
written
statement that
statement that the
the violationof§ 22-1202(a) has
violation of § 22-1202(a) has been
been cured
cured and
and that
that no no further
further violations
violations shall
shall
oceurwithin
occur within 30 30 days
days ofMr. Rodriguez Perez
of Mr. Rodriguez Perez providing written notice
providing written notice toto Amazon
Amazon of ts violation
of its violation
OfN.Y.C.
of N.Y.C. Admin.Admin. Code Code §§ 22-1202(a),
22-1202(a), Mr. Mr. Rodriguez
Rodriguez Perez
Perez has
has aa right
right toto initiate
initiate an
an action
action
against Amazon.
against Amazon. See See N.Y.C. Admin. Code
22-1203.
SECOND
SECOND CLAIM CLAIM FOR FOR RELIEF
RELIEF
Unjust Enrichment
Unjust Enrichment
On Behalf
On Behalf of ofPlaintiffand
Plaintiff and the the Proposed
Proposed ClassClass
96.
96. The Plaintiff, on
The Plaintiff, on behalf
behalf ofhimselfand
of himself and the the Class
Class Members,
Members, incorporates
incorporates by by
reference all
reference all preceding
preceding paragraphs.
paragraphs.
97.
97. AA plaintiff
plaintiff has
has aa claim
claim for
for unjust
unjust enrichment
enrichment whenwhen the
the defendant
defendant was was enriched
enriched atat
the plaintif’s
the expense, and
plaintiff’s expense, and itit isis against
against equity
equity andand good
good conscience
conscience toto permit
permit the
the defendant
defendant toto
retain what
retain what isis sought
sought toto bebe recovered.
recovered.
98.
98. Because Amazon
Because Amazon failed failed toto provide notice toto customers
provide notice customers thatthat Amazon
Amazon collects,
collects,
retains, converts,
retains, converts, and and stores
stores their
their biometric
including information
information on on the
the
size and
size and shape
shapeofeach
of each customer's
customer’s body, body,Plaintiff and other
Plaintiff and other members
membersofthe of the Class entered the:
Class entered the
store and
store and made
made purchases
purchases thatthat theythey otherwise
otherwise wouldwould not
not have
have made
madeifAmazon
if Amazon had had properly
properly
provided that
provided that notice,
notice, or or would
would not not have
have agreed
agreed toto pay
pay the
the same
same price
price forfor the
the goods they
goods they
purchasedifAmazon
purchased if Amazon had had properly
properly provided
provided that notice. Those
that notice. Those purchases
purchases enriched Amazon atat
enriched Amazon
the expenseof
the expense of the thePlaintiffand
Plaintiff and the the Class
Class Members.
Members.
99.
99. Itisis against
It against equity
equity and and good
good conscience
conscience toto permit
permit Amazon
Amazon toto retain
retain the
the money
money
that itit received
that received fromfrom the
thePlaintiff
Plaintiff and and the
the Class Members under
Class Members under these circumstances.
these circumstances.
23
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30
100.
100. Amazon isis liable
Amazon liable toto the
thePlaintiff and the
Plaintiff and the Class
Class Members
Members for
for the
the profit
profit that
that
Amazon earned
Amazon earned from
from the
the sales in the
sales in the Amazon
Amazon Go
Go stores
stores during the period
during the period of time that
of time that Amazon
Amazon
did not
did not notify
notify customers that the
customers that the stores
stores collect,
collect, retain,
retain, convert, and store
convert, and store their
their biometric
identifier
information.
information.
PRAYER FOR
PRAYER FOR RELIEF
RELIEF
WHEREFORE, the
WHEREFORE, thePlaintiff and the
Plaintiff and the Class Members pray
Class Members pray for
forreliefas follows:
relief as follows:
@)
(i) A declaratory
A declaratory judgment
judgment that
that Amazon has violated
Amazon has violated the
the Biometric
Identifier
Information Law,
Information Law, N.Y.C.
N.Y.C. Admin.
Admin. Code
Code §§ 22-1202(a);
22-1202(a);
(i)
(ii) A preliminary
A preliminary and permanent injunction
and permanent injunction against
against Amazon
Amazon requiring
requiring itit toto comply
comply
with N.Y.C.
with N.Y.C. Admin.
Admin. Code
Code §§ 22-1202(a)
22-1202(a) atat all Amazon Go
all Amazon stores inin the
Go stores the City
City of
of
New York;
New York;
(iii)
(iii) Certificationof
Certification of thethe case
case as
as aa class
class action
action under
under Fed.
Fed. R.
R. Civ.
Civ. P.P. 23(a)
23(a) and
and (b)(3);
(b)(3);
(i)
(iv) Designationof
Designation the Plaintiff
of the Plaintiff asas the
the representative
representativeofthe
of the Class;
Class;
v)
(v) Designation of
Designation PlaintifP’s counsel
of Plaintiff’s counsel as as Class
Class Counsel;
Counsel;
(vi)
(vi) An order
An order forbidding
forbidding Amazon
Amazon from from engaging
engaging in infurtherviolations
further violations of ofN.Y.C.
N.Y.C.
Admin. Code
Admin. Code §§ 22-1202(a);
22-1202(a);
(vii)
(vii) An award
An awardof of actual, real, and/or
actual, real, and/or statutory
statutory damages
damages for for Amazon’s
Amazon's violations;
violations;
(viii)
(viii) Reasonable attorneys’
Reasonable attorneys” fees
fees and
and costs incurred herein
costs incurred herein toto the
the extent
extent allowable
allowable by by
law;
law;
(xX)
(ix) Pre-and
Pre- post-judgment interest,
and post-judgment interest, as as provided
provided by by law;
law;
(x)
(x) Payment of
Payment ofaa reasonable service award
reasonable service award toto the
thePlaintiff
Plaintiff inin recognition
recognition of the
of the
services he
services he has
has rendered
rendered andand will
will continue
continue toto render
render toto the
the Class Members; and
Class Members; and
(xi)
(xi) Such other
Such and further
other and further legal
legal andand equitable relief, including
equitable relief, including nominal
nominal damages,
damages, as as
this Court
this Court deems necessary, just,
deems necessary, and proper.
just, and proper.
JURY DEMAND
JURY DEMAND
101
101. ‘The Plaintiff demands
The Plaintiff demands aa jury trial.
jury trial.
29
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Dated: March
Dated: March 16,
16,2023
2023 Respectfully submitted,
Respectfully submitted,
PETER ROMER-FRIEDMAN
PETER ROMER-FRIEDMAN LAW
LAW PLLC
PLLC
By: [s/Peter
By: Romer-Friedman
/s/ Peter Romer-Friedman
Peter Romer-Friedman
1629KK Street
1629 Street NW
NW
Suite 300
Suite 300
‘Washington, DC
Washington, DC 20006
20006
Tel: (202)
Tel.: (202) 355-6364
355-6364
Email: peter@prf-law.com
Email: peter@prf-law.com
POLLOCK COHEN
POLLOCK COHEN LLP
LLP
Christopher K.
Christopher K. Leung
Leung
111 Broadway,
111 Broadway. Suite
Suite 1804
1804
New York, NY 10006
New York, NY 10006
Tel: (917)
Tel.: (917) 985-3995
985-3995
Email: chris@pollockcohen.com
Email: chris@pollockcohen.com
SURVEILLANCE TECHNOLOGY
SURVEILLANCE TECHNOLOGY
OVERSIGHT PROJECT
OVERSIGHT PROJECT
Albert Fox
Albert Fos Cahn
Cahn
David Siffert
David Siffert
40 Rector
40 Rector Street
Street
9th Floor
9th Floor
New York,
New York, NY
NY 10006
10006
Tel: 212) 518-7573
Tel.: (212) 518-7573
Email: albert@stopspying.org
Email: albert@stopspying.org
david@stopspying.org.
david@stopspying.org
30
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Case 1:23-cv-02251

Case 1:23-cv-02251 Document

Case No. 23-cv-2251

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