Facial recognition can fail two tests: the sales pitch and what happens in the store.

The FTC's Rite Aid proceeding addressed alleged failures to prevent harm when facial recognition was used in stores. A separate December 2024 IntelliVision action challenged the substantiation of accuracy, bias and anti-spoofing claims. Together, these cases suggest a two-part procurement question: does the vendor have reliable evidence for its claims, and does the customer's deployment prevent harmful outcomes? Passing a laboratory benchmark would not, alone, answer the second question.