the camera’s position isn’t itself illegal… and they don’t have to ask for consent for it to be recording. at least, not in the US.
now, that doesn’t mean they’re not breaking other laws- and that’s really going to come down on jurisdiction. ultimately, it’s likely going to come down to what happens with those recordings; and if there’s laws specifically against taking such images/recordings in the first place; and if your state considers that act breaking normal expectations of privacy.
definitely not saying it’s right- its wrong and creepy- but private property owners have never had to inform people that there were cameras recording… all those “CCTV” warning signs weren’t about consent. It was a foolishly misguided system of deterring shoplifting… a hyper-passive-aggressive “WE’RE WATCHING YOU!!!” that actually informed the would-be thieves… they’re not actually… watching…