New York Mets Hit With Class Action Alleging Biometric Privacy Violations

The company that owns the New York Mets professional baseball team is the target of a class action lawsuit alleging the organization collects and profits from fans’ biometric information at its stadium, CitiField, in violation of the city’s biometrics privacy law.

The lead plaintiff, Chris Dowling, a Mets fan and New York resident, claims Sterling Mets, the owner of the team and the stadium, uses facial recognition technology to collect biometric identifier information and profits from the information to the detriment of consumers.

The lawsuit alleges the team violates the New York City Biometrics Privacy Law that was passed in 2021. Under the law, it is unlawful to “sell, lease, trade, share in exchange for anything of value or otherwise profit from the transaction of biometric identifier information.”

In addition to facial recognition images, biometric identifiers include traditional fingerprints, palm prints, and iris/retinal scans, and are unique to each person. The complaint likens the situation to taking a person’s social security or credit card number without their consent, but individuals cannot be separated from their biometric consumer information. Biometric identifiers cannot be replaced like a stolen credit card.

The complaint alleges that the Mets organization profits in two ways: by increasing its profit margin by using facial recognition as opposed to using manual labor to protect its 400,000 square foot premises and by selling tickets for baseball games and concerts at a premium price that customers would not have paid if they had known the price included the “surreptitious collection of their biometrics.”

Dowling, on behalf of himself and all others similarly situated, is suing under the law’s private right of action for the “negligent, reckless, or intentional violation of the statute.” The law calls for damages of $5,000 for each intentional or reckless violation of the statute. The class action also seeks attorneys’ fees and costs, and injunctive relief.

The exact class size of customers affected is unknown but consists of more than 100,000 individuals, according to the filing..

The complaint cites CitField photos, a security magazine article that says there are 11 cameras at the ballpark’s main entrance, and social media posts from two individuals who say they experienced the use of the technology at CitiField.

The Mets organization has had the case removed from state court to the Eastern District of New York federal court but has not yet answered the allegations.

The team has reached the National League Championship Series for the first time in nine years by beating the rival Philadelphia Phillies.