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Ditto Technologies Virtual Glasses Try-Ons BIPA Illinois Class Action

Virtual “try-on” software has become popular as an aid to selling things like cosmetics. Ditto Technologies, Inc. offers this kind of software to makers of glasses. Unfortunately, these programs usually begin by scanning customers’ facial geometry. The complaint for this class action alleges that Ditto has collected, stored, and used the biometric information of potential customers in Illinois without fulfilling the requirements of the state’s Biometric Information Privacy Act (BIPA).

The class for this action is all persons whose biometric identifiers, facial geometry, face prints, or facial data captured, collected, or received by Ditto Technologies while they were living in Illinois, between September 3, 2016 and the date the class is certified in this case.

The plaintiff in this case, Sherry Cruz, used Ditto’s virtual try-on software through the eyeglass seller ZenniOptical. The virtual try-on program collected, stored, and used her facial biometrics.

The collection, storage, and use of biometrics present what the complaint calls “serious and irreversible privacy risks.” If a person’s credit card number is exposed or stolen, the person can cancel the credit card and get a new one. But if a person’s facial scan is stolen, it is not possible to get a new face.

The complaint says that “if a biometric database is hacked, breached, or otherwise exposed … users have no means by which to prevent identity theft, unauthorized tracking, and other improper or unlawful use of this information.”

BIPA was passed to set up some basic protections or requirements for businesses who wish to collect, store, or use biometrics. BIPA requires that private businesses do certain things if they wish to collect, store, or use biometrics:

It requires that the business tell the subject, in writing, that their information is being collected, stored, or used, and inform them of the purpose of this.

It requires the business to obtain a written release or authorization from the subject.

It requires that the business maintain a publicly-available retention schedule and guidelines for permanently destroying the biometric information, either after the need for it has passed or after three years have passed since the subject’s last interaction with the company.

But the complaint alleges that Ditto does none of these things.

The complaint quotes extensively from BIPA to make the requirements and definitions clear. It also notes the penalties for violating provisions of the law. These include, for negligent violations, liquidated damages of $1,000 or actual damages, whichever is greater; or, if the violations are done intentionally or recklessly, $5,000 or actual damages, whichever is greater; and also attorneys’ fees and costs.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Ditto Technologies Virtual Glasses Try-Ons BIPA Illinois Complaint

September 3, 2021

Virtual “try-on” software has become popular as an aid to selling things like cosmetics. Ditto Technologies, Inc. offers this kind of software to makers of glasses. Unfortunately, these programs usually begin by scanning customers’ facial geometry. The complaint for this class action alleges that Ditto has collected, stored, and used the biometric information of potential customers in Illinois without fulfilling the requirements of the state’s Biometric Information Privacy Act (BIPA).

Ditto Technologies Virtual Glasses Try-Ons BIPA Illinois Complaint

Case Event History

Ditto Technologies Virtual Glasses Try-Ons BIPA Illinois Complaint

September 3, 2021

Virtual “try-on” software has become popular as an aid to selling things like cosmetics. Ditto Technologies, Inc. offers this kind of software to makers of glasses. Unfortunately, these programs usually begin by scanning customers’ facial geometry. The complaint for this class action alleges that Ditto has collected, stored, and used the biometric information of potential customers in Illinois without fulfilling the requirements of the state’s Biometric Information Privacy Act (BIPA).

Ditto Technologies Virtual Glasses Try-Ons BIPA Illinois Complaint
Tags: BIPA, Taking/Storing/Using Biometric Data, Your Privacy