Walmart is the subject of a proposed Illinois class action alleging the retailer retained callers' voiceprints captured by its automated phone system. The complaint, filed last July on behalf of Amber Smith, says calls in December 2025 and July 2026 were handled by an automated system and that voiceprints were stored without the written notice required by the Illinois Biometric Information Privacy Act (BIPA). Plaintiffs argue this practice can allow companies to link biometric identifiers to payment and purchase data, creating comprehensive profiles. A separate suit also alleges possible sharing of voiceprint data with third parties.
Walmart Sued Over Alleged Retention of Callers’ Voiceprints in Illinois Class Action
Walmart Is Being Sued For Allegedly Keeping Voiceprints When Shoppers Call
Walmart is facing a proposed class action in Illinois that accuses the retailer of retaining voiceprints from customers who called its stores and were routed to an automated phone system.
Background
The suit was filed last July on behalf of Amber Smith, an Illinois resident who says she called her local Walmart in December 2025 and again in July 2026. According to the complaint, those calls were handled by Walmart’s automated interactive voice system rather than a live representative.
"Plaintiff Smith is gravely concerned and upset about the collection of her biometric information – which she views as a form of surveillance without adequate consent,"
The complaint adds that Smith is "especially worried because she also uses her voiceprint to unlock other highly confidential services, like her bank accounts, which legally collect her voiceprint due to its ability to serve as a biometric identifier."
Legal Allegations
The lawsuit alleges Walmart captured and stored callers' voiceprints without providing the written disclosure required by the Illinois Biometric Information Privacy Act (BIPA). Enacted in 2008, BIPA requires companies to inform individuals in writing if their biometric identifiers are being collected, stored, or used and imposes obligations for retention and destruction of such data.
The complaint contends that merely mentioning biometric collection in a privacy policy is insufficient under state law and that Walmart’s practices could enable retailers to link biometric identifiers to payment methods, purchase histories, and other personally identifiable data — creating a "vast repository of information" tied to a biometric signature.
Broader Concerns and Related Claims
The filing frames the dispute within a wider debate about convenience versus privacy as businesses increasingly treat customer interactions as usable data for personalization and fraud prevention. The complaint also notes a separate recent Illinois suit by plaintiff Anthony Wilson, who alleges that voiceprint data may be shared with third parties.
As this is a proposed class action, potential remedies and outcomes will depend on court rulings about whether Walmart’s notifications and practices complied with BIPA. The case highlights growing legal and regulatory scrutiny around biometric data collection and how companies disclose and secure that information.
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