Instacart Class Action
Instacart tells its shoppers that face-scan “selfies” are just a quick way to keep the platform safe. It rarely mentions that those scans capture detailed facial geometry, are stored on outside servers, and, according to a lawsuit we recently filed, were taken without the written notice and consent that Illinois’ Biometric Information Privacy Act (BIPA) demands. Drivers who refused or couldn’t pass the scan risked deactivation and lost income.
Loevy + Loevy now represents Instacart shoppers in a federal class action filed in Chicago. We allege Instacart and its verification vendor Jumio violated BIPA every time they collected or used a face scan without following the statute’s strict rules: written permission, a public retention policy, and a secure destruction schedule. Each violation can cost a company $1,000 – $5,000 per scan.
We handle the case on contingency. You owe nothing unless we win. If you had to upload a selfie to keep shopping, spend two minutes on the secure questionnaire below. We will contact you only if we believe we can help.
At a Glance
Who is affected?
Current or former Instacart “shoppers” (drivers) who were required to upload face-scan selfies or driver-license photos for identity checks in Illinois.
Who is affected?
Instacart and Jumio allegedly captured, stored, and analyzed shoppers’ facial geometry without the written notice, informed consent, or data-retention disclosures BIPA requires.
Current stage
Active litigation in the Northern District of Illinois (Case No. 1:25-cv-03757). Discovery is underway.
Your rights
Illinois shoppers may seek $1,000 per negligent scan or $5,000 per reckless scan, plus an injunction forcing Instacart to delete unlawful data and comply with BIPA.
Cost
There are no up-front fees. Loevy + Loevy advances all costs and is paid only from a favorable settlement or verdict.
How you can protect your privacy
If Instacart required you to take a face-scan selfie or repeatedly verify your identity with new scans, you likely qualify. Use the secure form below to share the basics. Submission is confidential and free; we’ll reach out only if your claim fits the class.
Complete the secure form below to contact us confidentially. Our team will review your materials and tell you the next steps. There are no fees unless we win money or court-ordered relief.
Submission Form
FAQs
Will Instacart deactivate my account if I join?
Retaliating against workers for asserting legal rights violates federal and state laws. Any deactivation tied to this lawsuit would add new liability for Instacart, and we could ask the court for an immediate injunction.
Do I have to live in Illinois?
BIPA covers only scans that occurred while you were working in Illinois. If you delivered in Illinois, even part-time, you may qualify regardless of where you live now.
How much could I receive?
BIPA allows $1,000 for each negligent scan and $5,000 for each reckless or intentional scan, plus attorneys’ fees and court-ordered data deletion. The exact amount depends on evidence and court rulings.
What proof should I keep?
Save any Instacart or Jumio emails about “identity verification,” app screenshots showing the selfie steps, and delivery logs that place you in Illinois on scan dates.
Will my name be public?
Only lead plaintiffs are named. Most class members remain confidential.
What proof should I keep?
Save original files, upload timestamps, copyright certificates, client licenses, or portfolio links. If you have AI outputs that mimic your work, download those images too. The stronger your records, the stronger the case.
Key Pleadings
News of the Instacart Class Action
Why Join a Class Action?
Joining a class action means shared costs, greater leverage, and a real chance to hold wrongdoers accountable—all without taking on the fight alone. And you pay nothing unless we win.i
