This Illinois class action brings suit against Brilliant Earth Group, Inc. The complaint alleges that the company has a Virtual Try-On feature at its website that allows visitors to see what various pieces of jewelry, including engagement rings, look like on them. To do this, the complaint alleges, the company takes scans of hand geometry, without meeting the requirements of the state’s Biometric Information Privacy Act (BIPA), which regulates the collection, storage, and use of biometrics.
The class for this action is all natural persons who, while living in Illinois, had their biometric identifiers captured by Brilliant Earth with its Virtual Try-On feature on its website, www.brilliantearth.com.
According to the complaint, BIPA requires that private businesses who want to collect, store, or use biometrics do certain things:
- They must tell the subject in writing that biometrics are being collected or stored.
- They must tell the subject in writing of the specific purpose and length of time for which the biometrics will be stored or used.
- They must receive a written release from the subject.
- They must have a publicly-available, written policy providing a retention schedule and guidelines for permanently destroying the biometrics after the original purpose has been satisfied or within three years after the person’s last interaction with the business.
Brilliant Earth offers rings and other kinds of jewelry at its website. When consumers visit the website with their smartphone web browsers, they may select an engagement ring and choose options for the diamond. Then, the complaint alleges, they are offered a link to the Virtual Try-On feature.
If they click this link, they are told to take a photo of the back of their hand. If they do this, they are then shown the photo of their hand wearing the ring. After that, the complaint claims, they can save or share the image or choose other options, including “Drop a hint with a personal email,” “Share with a jewelry specialist,” “Add to my wish list,” or “Download image.”
The complaint alleges that Brilliant Earth’s “only attempt at providing any kind of disclosure … comes in the form of a link to [Brilliant Earth’s] privacy policy. However, this policy does not inform the user how the user’s hand geometry … is collected, used, or retained…” Also, the complaint claims, Brilliant Earth does not have a publicly-available policy with a retention schedule or guidelines for permanently destroying the biometrics later.
The complaint therefore asserts that Brilliant Earth does not fulfill BIPA’s requirements for website visitors living in Illinois.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Brilliant Earth Virtual Try-On of Engagement Rings Illinois BIPA Complaint
February 17, 2023
This Illinois class action brings suit against Brilliant Earth Group, Inc. The complaint alleges that the company has a Virtual Try-On feature at its website that allows visitors to see what various pieces of jewelry, including engagement rings, look like on them. To do this, the complaint alleges, the company takes scans of hand geometry, without meeting the requirements of the state’s Biometric Information Privacy Act (BIPA), which regulates the collection, storage, and use of biometrics.
Brilliant Earth Virtual Try-On of Engagement Rings Illinois BIPA ComplaintCase Event History
Brilliant Earth Virtual Try-On of Engagement Rings Illinois BIPA Complaint
February 17, 2023
This Illinois class action brings suit against Brilliant Earth Group, Inc. The complaint alleges that the company has a Virtual Try-On feature at its website that allows visitors to see what various pieces of jewelry, including engagement rings, look like on them. To do this, the complaint alleges, the company takes scans of hand geometry, without meeting the requirements of the state’s Biometric Information Privacy Act (BIPA), which regulates the collection, storage, and use of biometrics.
Brilliant Earth Virtual Try-On of Engagement Rings Illinois BIPA Complaint