Home Depot Flock Lawsuit: License Plate Cameras, No Settlement Yet
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The Home Depot Flock lawsuit is real, but it has not paid anyone. California shoppers allege that Flock Safety license plate cameras in Home Depot parking lots captured their vehicles and made the data available to police without a lawful privacy policy. As of October 2026 the cases are consolidated in federal court in San Francisco, Home Depot is fighting to have them dismissed, and a jury trial is set for May 2029. There is no settlement, no fund and no claim form.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Home Depot Flock Lawsuit Alleges
According to the complaints, Home Depot installed automated license plate recognition (ALPR) cameras, primarily through its vendor Flock Safety, at the entrances and exits of its 233 California stores. The cameras allegedly record each vehicle's plate, make, model, color and distinguishing features.
The lawsuit alleges that Home Depot has shared Flock camera feeds or footage with law enforcement since at least March 2025, and that its ALPR privacy policy is too vague on who holds the data, how long it is kept and who it is shared with. The claims are under California's ALPR law, the state constitution's privacy right, intrusion upon seclusion, the Unfair Competition Law, negligence and the California Consumer Privacy Act.
Home Depot denies the allegations and says it “had a fully compliant ALPR policy in place” at all relevant times. It also points out that no plaintiff alleges their data was actually searched, given to police or used in an investigation.
Case Details
The lead case is In re: Home Depot ALPR Litigation, No. 3:26-cv-03103, in the U.S. District Court for the Northern District of California, before Magistrate Judge Sallie Kim. It began as McGinity v. The Home Depot, Inc., filed April 10, 2026 in Contra Costa County Superior Court and moved to federal court. A second suit, Schmierer v. Home Depot U.S.A., Inc., No. 3:26-cv-03967, followed on May 1, 2026.
The parties agreed to consolidate the cases for pretrial purposes on June 3, 2026, and a consolidated complaint with nine named plaintiffs was filed June 30, 2026. Home Depot is represented by Jones Day. Flock itself is a defendant in separate cases — see our Flock Safety lawsuit page.
Status as of October 2026: Early Pretrial Stage
The docket then shows an amended complaint filed September 14, 2026, a stipulation on September 18 and a court order on September 21. We could not read those filings, so it is unclear whether the October 19 hearing still goes ahead as scheduled.
On September 1, 2026 the court set a long schedule: fact discovery closes September 2, 2028, and a jury trial is set for May 22, 2029. For every Home Depot case we track, see the Home Depot class action lawsuit page.
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Who Qualifies for the Home Depot Flock Lawsuit
The proposed class is “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. In plain terms: California residents who drove into a California Home Depot lot. Shoppers in other states are not in this proposed class.
No class has been certified. There is nothing to sign up for. Under Rule 23 you would be included automatically if a class is certified, and a court-appointed administrator would give notice. A receipt or credit card statement showing California Home Depot visits is worth keeping, but no one is asking for it today.
Is There a Payout Per Person?
The $2,500 figure in viral posts comes from California's ALPR law, which allows actual damages but “not less than” $2,500 to a person harmed by a violation. The plaintiffs ask for that amount per person per violation. Home Depot argues the $2,500 floor only applies after proof of actual damages, and that none is alleged. Even a win at trial would be decided under that dispute, and a settlement, if one came, would set its own amounts. The parties have said they are agreeable to private mediation no later than after the close of discovery and a class certification decision.
Home Depot Flock Lawsuit Timeline
- 1
March 2025 — Alleged Sharing Begins
The complaint alleges that from at least this point Home Depot shared Flock camera feeds or footage with law enforcement. Home Depot denies wrongdoing.
- 2
April 10, 2026 — First Lawsuit Filed
McGinity v. The Home Depot, Inc. is filed in Contra Costa County Superior Court and moved to federal court in San Francisco.
- 3
May 1, 2026 — Schmierer Case Filed
Five California residents sue in federal court (No. 3:26-cv-03967), seeking not less than $2,500 per person.
- 4
June 2026 — Cases Combined
The parties agree to consolidate on June 3; a consolidated complaint with nine named plaintiffs follows on June 30.
- 5
August 14, 2026 — Motion to Dismiss
Home Depot asks the court to dismiss the whole case for lack of actual harm. A hearing had been set for October 19, 2026; later docket entries leave it unclear whether it goes ahead.
- 6
September 2026 — Schedule and Amended Complaint
The court sets a jury trial for May 22, 2029. Plaintiffs file an amended complaint on September 14. No settlement exists.
Three Things to Watch For
This case went viral in July 2026 — one Instagram video passed 1 million views — and the posts got key facts wrong:
“Home Depot owes you $2,500”
Nobody owes anything yet. Snopes found that the $2,500 in these posts is a statutory minimum the plaintiffs are asking for, not a payment anyone has been promised.
“They scanned your face”
The complaint is about license plates and vehicle data. Snopes reported that the complaint does not mention face tracking, and Flock told Snopes its products have no facial recognition.
Apps and sites to “sign up” for the lawsuit
Many viral posts ended with a pitch for a settlement-tracking app or website. There is no official claim site. Do not hand over your license plate, driver's license or Social Security number to “register.”
Home Depot Flock Lawsuit — Questions People Actually Ask
Is the Home Depot Flock lawsuit real?
Yes. The cases are consolidated as In re: Home Depot ALPR Litigation, No. 3:26-cv-03103, in federal court in the Northern District of California. The allegations have not been proven, and Home Depot denies them.
Why is Home Depot using Flock cameras?
Home Depot's ALPR policy says it collects license plate data for “fraud prevention, security, and asset protection purposes” and may share it with service providers and to cooperate with law enforcement. The lawsuit alleges that policy is too vague to satisfy California law.
What is the amount of the Home Depot class action payout per person?
There is none. No settlement or judgment exists. The plaintiffs seek not less than $2,500 per person under California's ALPR law; Home Depot argues that floor requires proof of actual damages. The payout calculator is only useful once a real fund exists.
Who qualifies for the Home Depot lawsuit?
The proposed class covers California citizens whose vehicle data was captured by ALPR cameras at a California Home Depot store. No class has been certified, so no one qualifies for money yet.
Do I need to sign up for the Home Depot Flock lawsuit?
No. There is no sign-up and no claim form. If a class is certified or a settlement is approved, notice comes from a court-appointed administrator, and class members are included unless they opt out.
What is the latest update?
As of October 2026, Home Depot filed a motion to dismiss on August 14, 2026, with a hearing that had been set for October 19, 2026; it is unclear whether the motion is still pending after the amended complaint. Plaintiffs filed an amended complaint on September 14, 2026. A jury trial is set for May 22, 2029.
Does this case cover Home Depot stores outside California?
No. The claims are built on California law and the proposed class is California citizens. For other Home Depot cases, see our Home Depot class action lawsuit page.
What is the average payout for a class action settlement?
That depends entirely on the fund size and how many people file, so it cannot tell you anything about this case, which has no fund. To see how a real settlement divides into individual checks, use our settlement payout calculator.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.
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