CHICAGO — The battle over Chicago’s food delivery robots has reached the courts, with two customers accusing the companies behind them of collecting their biometric data without consent.
The men filed separate class-action lawsuits in Cook County Court on Oct. 9 against Coco Robotics and Serve Robotics, alleging the companies violated a state privacy law. They claim the companies’ machines scanned their faces and hands without their knowledge or consent.
Both companies dispute these allegations.
The lawsuits allege that the robots’ cameras and LiDAR — technology that sends laser pulses to measure distances and map the environment — captured measurements of customers’ faces and hands as they approached the machines to collect their orders.
Mitchell Breidinger, of the Near North Side, says he ordered groceries through DoorDash in September 2025 and never chose robot delivery. But his order was attributed to a Coco robot, according to his lawsuit. When he arrived, he had to stand near the machine to enter a code and collect his groceries.
Breidinger says the robot’s cameras recorded its face, head and hands, while its LiDAR sensors measured their geometry. His lawsuit also alleges that a remote operator watched video of the delivery in real time. He claims that Coco did not tell him in writing that she would collect his biometric information, explain to him how long she would keep the data or obtain his written consent.
Lincoln Park resident Barry Schain says he had a similar experience with Serve Robotics. He says he received three deliveries from Serve robots, most recently on Oct. 4, when an Uber Eats order was assigned to a robot even though it hadn’t selected robot delivery, according to the lawsuit.
Both lawsuits claim the companies retain video data and sensors to train artificial intelligence systems. Schain’s lawsuit also highlights Serve’s disclosures regarding licensing video and LiDAR datasets to third parties for AI training. Breidinger’s lawsuit claims that Coco shared data collected by bots with OpenAI and other third parties.
Customers’ biometric measurements are then stored along with their names and addresses in the companies’ data systems, according to the lawsuits, linking the data to identifiable individuals.
The lawsuits accuse the companies of violating the Illinois Biometric Privacy Act, which requires companies collecting biometric data to provide written notice explaining what they are collecting and why, obtain written consent and maintain a data retention and destruction policy.
Spokespeople for Coco and Serve have denied that the companies collect biometric information from customers or passersby. A Serve spokesperson said the company would “defend itself against” the lawsuit, while a Coco spokesperson said the company was “confident this frivolous lawsuit will go away.”
“This lawsuit fundamentally misunderstands our technology, we did not collect biometric data in Chicago,” Coco’s spokesperson said in a statement, adding that compliance with privacy laws is a “top priority” for the company.
“The data we share is navigation data used to make sidewalks safer for all users,” continued the Coco spokesperson. “For example, we provide real-time information about sidewalk hazards to BlindSquare, a navigation app designed for people who are blind or visually impaired. We do not share data from the start or end of delivery trips as part of our data sharing partnerships. Privacy and compliance with the law are top priorities in everything we do.”
The Serve spokesperson said the company’s robots use cameras and sensors to safely navigate sidewalks.
“Serve does not use this data to identify individuals and our systems are not designed to identify individuals or create biometric profiles,” the spokesperson said in a statement.
The lawsuits seek statutory damages of $1,000 per negligent violation or $5,000 per intentional or reckless violation, as well as other relief.
The lawsuits add to growing scrutiny of delivery robots that have become a regular sight on Chicago sidewalks, where residents have raised concerns about safety, accessibility, surveillance and the potential loss of delivery jobs.
Chicago launched its delivery robot pilot program in 2022 under former Mayor Lori Lightfoot. Coco began operating in the city in late 2024, followed by Serve Robotics in September 2025. The program, overseen by the Chicago Department of Transportation and the Department of Business Affairs and Consumer Protection, is set to expire in May 2027 unless the City Council approves an extension.
Last year, Lincoln Park resident Josh Robertson started a petition calling on the city to suspend the program until officials released safety and accessibility data, held a public hearing and established clearer rules. More than 4,500 people signed the petition last month. Residents reported robots blocking sidewalks and crosswalks, creating obstacles for people with disabilities and raising concerns about cameras recording pedestrians.
The reaction also reached town hall. Ald. Daniel La Spata (1st) rejected plans to expand robots across much of his neighborhood in February after more than 83 percent of residents responding to an online survey strongly opposed the expansion.
The city also created a 311 category for residents to report safety issues and other complaints about the devices.
In March, a Serve robot smashed the window of a CTA bus shelter in West Town, scattering shards of glass onto the sidewalk. A few days later, a Coco robot collided with another bus shelter in the Old Town. Both companies said they were investigating the accidents and taking responsibility for repair costs.
In September, a video showing more than a dozen Coco robots circling around each other and getting stuck on a Lincoln Park sidewalk went viral, attracting hundreds of thousands of views and renewing criticism of the technology.
Companies have championed robots as a safer and more sustainable option for short-distance deliveries, capable of reducing car travel and traffic congestion.
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