Food delivery robots collected biometric data, lawsuits allege

Two food delivery robot companies are facing proposed class-action lawsuits alleging their machines collected customers' facial and hand measurements without consent, potentially violating Illinois' biometric privacy law.

The lawsuits were filed Oct. 9 in Cook County, Illinois, against Coco Robotics and Serve Robotics, according to online court records USA TODAY reviewed. The complaints allege the companies' robots collected biometric information from customers retrieving orders and other people encountered on Chicago sidewalks, the Chicago Sun-Times and ABC7 Chicago reported.

Both companies deny the allegations. Serve Robotics told USA TODAY that it would defend itself against the lawsuit.

"Our robots use cameras and sensors to navigate the sidewalks of Chicago safely. Serve does not use that data to identify individuals and our systems are not designed to identify individuals or create biometric profiles," the company said in a statement.

Coco Robotics also disputes the allegations. In a statement provided to USA TODAY, Carl Hansen, the company's head of government relations, called the lawsuit "frivolous" and said Coco has not collected biometric data in Chicago.

"This lawsuit fundamentally misunderstands our technology, we have not collected biometric data in Chicago, and we are confident that this frivolous lawsuit will go away," Hansen said. "Privacy and compliance with privacy laws are a top priority at Coco and we believe these claims are meritless."

Hansen also said Coco has never used laser-based sensing technology known as LiDAR in Chicago and that all data the company collects complies with Illinois law.

"The data we share is navigational data used to make sidewalks safer for all users," Hansen said. "For example, we provide real-time sidewalk hazard information to BlindSquare, a navigation app built for people who are blind or have low vision. We do not share data from the beginning or end of delivery trips under our datasharing partnerships. Privacy and compliance with the law are top priorities in everything we do."

What do the lawsuits allege?

The lawsuits involve two Chicago residents who say they received robot deliveries without choosing that delivery method, according to the civil complaints obtained by the Chicago Sun-Times and ABC7 Chicago.

Mitchell Breidinger alleges a Coco robot delivered his DoorDash grocery order on Sept. 29, 2025. Per the complaint, the robot's cameras recorded his face, head and hands, while its sensors allegedly measured the shapes and dimensions of those body parts.

The complaint also alleges a remote operator watched real-time video of the delivery. Breidinger says Coco did not provide the required written notice or obtain his written consent.

Barry Schain alleges he received three deliveries from Serve robots through Uber Eats, most recently on Oct. 4, the Associated Press reported, citing his complaint. Schain's lawsuit also alleges the robots collected biometric information without his consent.

Breidinger's complaint alleges Coco shared robot-collected data with OpenAI and other third parties, per the Chicago Sun-Times. Schain's complaint alleges Serve licenses video and LiDAR data to third parties for AI training.

USA TODAY contacted the Clerk of the Circuit Court of Cook County and Almeida Law Group, which represents the plaintiffs, on Oct. 21 for comment and copies of the complaints.

What does Illinois' biometric privacy law require?

Illinois' Biometric Information Privacy Act, enacted in 2008, requires companies that collect biometric identifiers, including scans of face or hand geometry, to provide written notice explaining the purpose and duration of collection and obtain written consent.

The law also regulates how companies handle and retain biometric information.

The lawsuits seek statutory damages of $1,000 per negligent violation or $5,000 per intentional or reckless violation, along with court orders requiring compliance with the law.

Reporter Anthony Thompson can be reached at [email protected], or on X @athompsonUSAT