A New York student claims that Apple's use of flawed in-store facial recognition tech led to his false arrest.
According to what you reported, that should be "Apple's flawed use of in-store facial recognition tech". Nothing in the article indicated the facial recognition made any errors - it sounds like a human/process error in assuming the thief was using his real ID.
But this needn't have involved facial recognition, at all. If the thief merely used the ID in a return fraud, then the exact same outcome could occur, even without
any form of video surveillance.
What's missing from the story is the basis on which the litigant believes facial recognition technology was involved. Was he just making a wild guess?