CHICAGO (Legal Newsline) - L'Oreal faces one of Illinois' biometric class action lawsuits, as plaintiff Morgan Kukovec filed suit against the company July 25.
The suit is brought under Illinois' Biometric Information Privacy Act and targets data collected from L'Oreal's Virtual Try-On tool on its website. The BIPA prohibits collection of biometric identifiers like eye scans, fingerprints and voiceprints without consent.
The Try-On tool allows makeup shoppers to see how a product would look on them by allowing them to use their web or phone camera or upload a photo.
"Defendant does not inform consumers who use the Virtual Try-On tool in writing that it is capturing or collecting facial geometry or the specific purpose and length of term for which it is collecting, storing, or using such data, which is a biometric identifier specifically protected by BIPA, nor does Defendant obtain consumers' informed written consent before capturing or collecting such data," the suit says.
A privacy policy does not tell the user how his or her facial geometry is collected, used or retained, the suit says. Representing the plaintiff are attorneys at Foote, Mielke, Chavez & O'Neil and Tycko & Zavareei.