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Target Collecting Biometrics with Virtual Try-On Technology BIPA Class Action

Target Corporation sells beauty and makeup products. In connection with this, it offers consumers a Virtual Try-On program that allows them to virtually try on things like makeup or hair color, to see how they would look in particular colors or products. But the complaint for this class action alleges that Target violates the Illinois Biometric Information Privacy Act (BIPA) because it does not fulfill the requirements of the act before taking, storing, or using consumers’ biometrics.

The class for this action is Illinois residents who used Target’s Virtual Try-On technology in Illinois, between September 12, 2016 and the present.

The try-on program uses what the complaint calls augmented reality technology. It takes a scan of the subject’s face, either live or from a photo. It uses facial geometry data points to locate the subject’s eyes, lips, eyebrows, and other features. Then it “applies” the makeup to the image, with the facial scan used to indicate where various kinds of products are to be applied.

The plaintiff in this case, Aimee Potter, used the Virtual Try-On technology in a Target store in Chicago, Illinois. The facial geometry scans the program took of her face are biometric identifiers, the complaint alleges, as says, “The augmented reality generated images are not temporary or fleeting, but the images can be ‘saved’ by the customer as a separate photo or image from the live camera image with the makeup overlay.”

The complaint points out several ways in which Target did not fulfill the requirements of BIPA for private companies who wish to collect, use, or store biometrics:

Target never told Potter, in writing or in any other way, that it was collecting scans of her facial geometry or other biometric information.

Target never asked Potter to consent to any terms or conditions or any use of the technology, nor was she told how the data obtained from her would be collected, stored, or shared.

Target never got Potter’s informed written consent to take her facial geometry or other biometrics.

The complaint alleges that Target violated BIPA “by capturing, collecting, or otherwise obtaining [Potter’s] and Class’s scans of facial geometry without first informing them in writing of the purpose of [Target] doing so and the length of time [Target] would collect, store, and use [Potter’s] and the Class’s scans of facial geometry.” It also says that Target did not get their informed written consent to Target’s capture, collection, or use of the biometrics.

The law was enacted in 2008, and the complaint implies that Target should have knowledge of it by this time.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Target Collecting Biometrics with Virtual Try-On Technology BIPA Complaint

October 15, 2021

Target Corporation sells beauty and makeup products. In connection with this, it offers consumers a Virtual Try-On program that allows them to virtually try on things like makeup or hair color, to see how they would look in particular colors or products. But the complaint for this class action alleges that Target violates the Illinois Biometric Information Privacy Act (BIPA) because it does not fulfill the requirements of the act before taking, storing, or using consumers’ biometrics.

Target Collecting Biometrics with Virtual Try-On Technology BIPA Complaint

Case Event History

Target Collecting Biometrics with Virtual Try-On Technology BIPA Complaint

October 15, 2021

Target Corporation sells beauty and makeup products. In connection with this, it offers consumers a Virtual Try-On program that allows them to virtually try on things like makeup or hair color, to see how they would look in particular colors or products. But the complaint for this class action alleges that Target violates the Illinois Biometric Information Privacy Act (BIPA) because it does not fulfill the requirements of the act before taking, storing, or using consumers’ biometrics.

Target Collecting Biometrics with Virtual Try-On Technology BIPA Complaint
Tags: BIPA, Taking/Storing/Using Biometric Data, Your Privacy