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  1. Home
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  3. /Home Depot Lawsuit
Active Litigation

Home Depot Class Action Lawsuit: Flock License-Plate Cameras & Data-Sale Claims

Questions about this case?

AI Legal Assistant · free · answers in seconds · general information, not legal advice

In 2026, Home Depot became one of the focal points of a national debate over retail surveillance: Flock Safety license-plate cameras in store parking lots that critics say feed a nationwide vehicle-tracking network, and a retail-media business accused of selling shopper data without proper notice. The California camera suits were combined in June 2026 into one case, In re Home Depot ALPR Litigation, and a separate Virginia class action targets the data sales. As of September 28, 2026, neither case has settled, the California case has a jury trial date in May 2029, and there is no claims process or payout to apply for.

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Reviewed by Leonard Goldberg, Editor · Last updated September 28, 2026

What's Alleged: License-Plate Tracking and Data Sales

Two 2026 lawsuits target different pieces of how Home Depot collects and uses customer data. In the California case, now consolidated as In re Home Depot ALPR Litigation, nine shoppers allege the company installed automated license-plate-recognition (ALPR) cameras — supplied by security-camera company Flock Safety — in store parking lots, capturing every visitor's plate number, vehicle make, model and color, and feeding that data into law-enforcement databases without customer consent, in violation of California's ALPR Privacy Act. In Wright v. The Home Depot, Inc. (filed July 1, 2026), a Virginia customer alleges the company separately sells shoppers' personal information to advertisers through its retail-media arm, Orange Apron Media, using a LiveRamp "clean room" to build enhanced ad profiles — without the notice Virginia privacy law requires. Both lawsuits sit against the backdrop of a wider controversy: since a January 2026 Reuters report, investors and lawmakers in several states have pressed Home Depot on whether U.S. Immigration and Customs Enforcement (ICE) and other agencies can access its parking-lot camera data — a question Home Depot's board declined to submit to an independent audit. Flock itself faces separate suits; see our Flock Safety lawsuit tracker.

Case Details

Two separate federal cases are pending: In re Home Depot ALPR Litigation, Case No. 3:26-cv-03103-SK, U.S. District Court for the Northern District of California, before U.S. Magistrate Judge Sallie Kim (the lead case began as McGinity v. The Home Depot, Inc. in Contra Costa County Superior Court; Schmierer v. Home Depot U.S.A., Inc., No. 3:26-cv-03967, was consolidated into it on June 16, 2026); and Wright v. The Home Depot, Inc., Case No. 2:26-cv-00683, U.S. District Court for the Eastern District of Virginia, before Judge Mark S. Davis. No settlement administrator exists because no settlement has been reached; both cases remain active litigation.

Current Status: Two Active Lawsuits, No Settlement

As of September 28, 2026, both cases are in pretrial stages and neither has settled. In the California case, Home Depot moved to dismiss on August 14, 2026, arguing that no plaintiff alleges any actual harm from a violation. In a joint court filing it also says it 'had a fully compliant ALPR policy in place' at all relevant times and that the $2,500 statutory amount requires proof of actual damages. Instead of opposing, the plaintiffs filed an amended complaint on September 14; a stipulation and a court order followed on September 18 and 21; we have not been able to read either, so it is unclear whether the October 19 hearing on the motion still stands. The court's schedule runs long: a February 28, 2027 deadline for mediation or other alternative dispute resolution, fact discovery closing September 2, 2028, and a jury trial set for May 22, 2029. The Virginia Wright case (filed July 1, 2026) shows no public ruling yet. Right now there is no settlement, no claims deadline, and no payout.

Follow this case

There's no claim deadline yet. We'll email you if a settlement opens a claim period.

Who's Affected — and Can You Join?

There is no claims process to sign up for yet — both proposed classes are still awaiting certification by a judge. The California case seeks to represent 'all California citizens whose Vehicle Tracking Data was captured by Home Depot's ALPR cameras at any Home Depot store located in California' during the limitations period, as defined in the June 30 consolidated complaint; we have not seen whether the September 14 amended complaint changes that. The Wright case seeks a nationwide class of Home Depot customers whose personal information was allegedly collected and sold through Orange Apron Media, plus a Virginia subclass under state law. If you shopped at a Home Depot with a visible parking-lot camera system — reporting has documented Flock Safety cameras at stores in California, Texas, Connecticut, North Carolina, Montana and other states — your plate was very likely captured, whether or not you end up part of either lawsuit.

How Much Could You Get? Nobody Knows — There's No Settlement

Be honest with yourself here: no money has been paid, and none is on the table yet. The California plaintiffs ask for 'not less than statutory liquidated damages of $2,500 per person per violation' under California's ALPR law, plus punitive damages — but that's a demand in a filed complaint, not a guaranteed payout, and Home Depot argues the figure requires proof of actual damages; courts frequently narrow statutory-damages claims, and the case could be dismissed, narrowed, tried, or settled for a very different amount. The Wright complaint seeks statutory damages under Virginia privacy law plus disgorgement of Home Depot's advertising profits, also undetermined. If either case eventually settles, expect the usual process — a defined fund, a court-appointed administrator, an official website, and a claim form — none of which exists today. Anyone telling you otherwise is wrong or lying.

Timeline: From Investor Questions to Two Lawsuits

  1. 1

    January 16, 2026 — Investors publicly question the surveillance program

    Reuters reports that Home Depot investors are pressing the company on how law enforcement — including U.S. Immigration and Customs Enforcement — accesses vehicle data captured by Flock Safety license-plate cameras in store parking lots, putting the program in the national spotlight for the first time.

  2. 2

    March 23, 2026 — Home Depot's board opposes an independent audit

    Ahead of its annual meeting, Home Depot's board recommends shareholders reject a proposal demanding an independent audit of how license-plate and surveillance data is shared with government agencies.

  3. 3

    April–May 2026 — California lawsuits reach federal court

    McGinity v. The Home Depot, Inc., filed in Contra Costa County Superior Court, is moved to federal court by Home Depot on April 10, 2026. On May 1, five California consumers led by William Schmierer file a second suit (No. 3:26-cv-03967). Both allege the parking-lot ALPR cameras captured vehicle data without consent and shared it with law enforcement in violation of California's ALPR law.

  4. 4

    Late May 2026 — Annual shareholders' meeting

    At Home Depot's annual meeting, shareholders vote on several governance proposals, including calls for more transparency on the surveillance-data program; Home Depot has not published a confirmed breakdown of that specific vote's outcome.

  5. 5

    June 16, 2026 — California cases combined

    The court consolidates the California suits as In re Home Depot ALPR Litigation (No. 3:26-cv-03103-SK) before Magistrate Judge Sallie Kim. A consolidated complaint with nine named plaintiffs follows on June 30.

  6. 6

    July 1, 2026 — Wright v. Home Depot filed (E.D. Va.)

    Virginia resident William E. Wright sues The Home Depot, Inc. (Case No. 2:26-cv-00683), alleging the company sells customers' personal information through its Orange Apron Media ad network and a LiveRamp "clean room," seeking a nationwide class plus a Virginia subclass.

  7. 7

    August 14, 2026 — Home Depot moves to dismiss

    Home Depot asks the court to throw out the California case, arguing that no plaintiff alleges actual harm; in court filings it says it 'had a fully compliant ALPR policy in place' and that the $2,500 figure requires actual damages. On September 1, the court sets a schedule that runs to a May 2029 trial.

  8. 8

    September 2026 — Amended complaint and a Senate hearing on Flock

    On September 11, 56 online creators with a combined audience of 46 million wrote to Home Depot and Lowe's asking them to end their Flock contracts. The California plaintiffs filed an amended complaint on September 14. On September 23, a Senate Judiciary subcommittee held a hearing on Flock's camera network; the CEOs invited to testify did not appear.

  9. 9

    May 22, 2029 — Scheduled jury trial

    The trial date in the California case, unless it is dismissed, settled or rescheduled first. The same schedule sets a February 28, 2027 deadline for mediation or other alternative dispute resolution.

Scam Alert: There's No Home Depot Settlement to Claim Yet

Because this story has been covered by dozens of outlets since January 2026, it's exactly the kind of headline scammers exploit. Three patterns to watch for:

"Claim your Home Depot settlement payment" texts and emails

No settlement has been reached in either lawsuit, so there is nothing to claim and no legitimate email, text, or website can pay you a cent right now. Delete messages claiming otherwise and never click their links.

Fake "join the class action" forms harvesting your data

Some social posts and ads invite you to "register" for the lawsuit by submitting your name, address, driver's license number or bank details. Real class actions don't require pre-registration before certification, and no legitimate law firm needs your bank login to add you to a case.

Misleading posts that distort what the lawsuits actually say

Fact-checkers at Snopes rated viral claims about the parking-lot surveillance lawsuit a 'Mixture' in July 2026: some posts called $2,500 the most anyone could get, although the law the complaint cites sets $2,500 as a minimum, and claimed the cameras scan faces, which the complaint does not allege; many ended with pitches for apps or websites promising to track class action settlements. Read the source filings or a reputable legal-news outlet before sharing, and treat any post promising a fast payout as false.

Home Depot Class Action FAQ

Is there a Home Depot Flock camera settlement I can file a claim for?

No. As of September 28, 2026, there are two active, unresolved lawsuits — In re Home Depot ALPR Litigation (N.D. Cal.), which absorbed the Schmierer case, and Wright v. The Home Depot, Inc. (E.D. Va.) — but neither has settled and no class has been certified. The California case is scheduled for a jury trial in May 2029. There is no claim form, no administrator, and no payout to apply for.

What are the lawsuits actually about?

Two different but related privacy claims. The California case alleges Home Depot's automated license-plate-recognition (ALPR) cameras — installed in parking lots and supplied by Flock Safety — captured customers' plate and vehicle data without consent and shared it with law-enforcement databases, violating California's ALPR Privacy Act. Wright alleges Home Depot sold customers' personal information to advertisers through its Orange Apron Media network and a LiveRamp "clean room" without proper notice, violating Virginia privacy law.

Does Home Depot really share license-plate data with ICE?

That's the core of the public controversy, not a settled fact we can confirm either way. Since a January 2026 Reuters report, investors, state lawmakers (including in Connecticut and North Carolina) and advocacy groups have pressed Home Depot for details on how law enforcement — including U.S. Immigration and Customs Enforcement — accesses the Flock Safety camera data. Home Depot's board opposed a shareholder proposal for an independent audit in March 2026. The company has not published a detailed public accounting of every agency that has received the data. In May 2026, Home Depot said it 'does not grant access to our license plate readers to federal law enforcement.'

Can I sign up or register to join the lawsuit?

Not yet in any formal sense — both cases are pre-certification, meaning no judge has approved a defined "class" that people would automatically belong to. The safest way to stay informed is to follow the case dockets or contact the plaintiffs' law firms directly (Bursor & Fisher, Emery Reddy, Milberg and Siri & Glimstad for the California case; Consumer Litigation Associates P.C. and Bursor & Fisher P.A. for Wright), not third-party sign-up pages.

How much money could I get if these lawsuits succeed?

Unknown, and anyone quoting you a number today is guessing. The California plaintiffs ask for 'not less than statutory liquidated damages of $2,500 per person per violation' plus punitive damages, and Home Depot argues that amount requires proof of actual damages; the Wright complaint seeks statutory damages under Virginia law plus disgorgement of Home Depot's ad profits. Both are demands in a complaint, not court-ordered amounts — actual recoveries, if any, depend on rulings, possible settlement, and how a judge or jury calculates per-person damages.

Is this the same as the old Home Depot data breach settlement?

No. Those are unrelated, closed matters: Home Depot's 2014 payment-card breach was resolved years ago with a $19.5 million consumer class settlement (2016), a separate $25 million settlement with financial institutions and a $17.5 million settlement with 46 states and the District of Columbia (2020). The 2026 lawsuits are new cases about license-plate tracking and data sales to advertisers — unrelated to the 2014 breach.

What should I do if I shop at Home Depot regularly?

Nothing is required today — there's no claim to file and no form to submit. If you want to limit your ALPR exposure, some state laws (including the one cited in the California complaint) give you the right to ask what vehicle data has been collected about you; check Home Depot's privacy policy or your state attorney general's office for how to submit that request. We'll update this page if either case reaches a settlement.

When will the Home Depot Flock lawsuit be decided?

Not soon. The court's September 1, 2026 schedule in the California case sets a February 28, 2027 deadline for mediation or other alternative dispute resolution, closes fact discovery on September 2, 2028, and sets a jury trial for May 22, 2029. A ruling on Home Depot's motion to dismiss, or a settlement, could change that timeline; a settlement would come with a court-approved notice and an official claim website.

Settlement Insight is an independent information service and is not affiliated with The Home Depot, Flock Safety, LiveRamp, the plaintiffs' law firms, or any court. Details reflect public court filings and news reporting as of September 28, 2026, and will change as both cases develop. This is not legal advice.

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Settlement Insight

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