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Aveda “Try-On” Feature Collects Facial Scans BIPA Illinois Class Action

Aveda Corporation has a “Try On” feature at its website that allows consumers to virtually try on different hair styles and colors. The application takes a facial scan of the consumer’s face so that it can accurately add color to the person’s hair. The complaint alleges that Aveda has been collecting and storing such data, including for persons in Illinois, without meeting the requirements of the Illinois Biometric Information Privacy Act (BIPA).

The class for this action is all individuals who, while living in Illinois, had their facial geometry collected, captured, received, or otherwise taken or stored by Aveda.

Biometric information is different from other identifying information, because it cannot be replaced. A person whose credit card information is stolen can destroy the old card and get a new one with a new number; but a person whose fingerprints are stolen cannot get new fingers with different prints. Biometrics can include such things as fingerprints, finger or hand scans, and facial geometry.

BIPA makes a start on protecting this personal information by setting forth basic requirements for private businesses that collect, store, or use biometrics:

  • The business must tell the person in writing that biometrics are being collected and tell them of the purpose for which the biometrics are being collected, stored, and used.
  • The business must have a publicly-available written schedule for retention of the biometrics along with guidelines for permanently destroying them. The biometrics must be destroyed, BIPA says, “when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within 3 years of the individual’s last interaction with the private entity, whichever occurs first.”
  • In storing, transmitting, and protecting biometrics, the business must use the same standard of care, in a manner at least as protective, as for other confidential and sensitive information.
  • The business may not sell, lease, trade, or otherwise profit from the biometrics.

The complaint alleges that Aveda did not fulfill BIPA’s requirements before collecting biometrics from consumers visiting its website, including consumers from Illinois.

The complaint alleges that Aveda “does not notify consumers that it is collecting biometric data prior to the consumer turning on a live camera or uploading a picture of themselves so their face can be scanned. However, buried in its privacy policy that is only accessible via a hyperlink, [Aveda] admits that [it] collect[s] biometric data from consumers who use its virtual ‘Try-On’ feature.”

The law provides for damages of $1,000 per negligent violation and $5,000 per reckless or intentional violation.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Aveda “Try-On” Feature Collects Facial Scans BIPA Illinois Complaint

August 5, 2021

Aveda Corporation has a “Try On” feature at its website that allows consumers to virtually try on different hair styles and colors. The application takes a facial scan of the consumer’s face so that it can accurately add color to the person’s hair. The complaint alleges that Aveda has been collecting and storing such data, including for persons in Illinois, without meeting the requirements of the Illinois Biometric Information Privacy Act (BIPA).

Aveda “Try-On” Feature Collects Facial Scans BIPA Illinois Complaint

Case Event History

Aveda “Try-On” Feature Collects Facial Scans BIPA Illinois Complaint

August 5, 2021

Aveda Corporation has a “Try On” feature at its website that allows consumers to virtually try on different hair styles and colors. The application takes a facial scan of the consumer’s face so that it can accurately add color to the person’s hair. The complaint alleges that Aveda has been collecting and storing such data, including for persons in Illinois, without meeting the requirements of the Illinois Biometric Information Privacy Act (BIPA).

Aveda “Try-On” Feature Collects Facial Scans BIPA Illinois Complaint
Tags: BIPA, Taking/Storing/Using Biometric Data, Your Privacy