Target Virtual Try-On for Makeup Collects Facial Data for Research, Class Action Alleges

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Target Makeup Virtual Try-On Class Action Lawsuit Overview: 

• Who: Target
• What: Target is accused of violating the Illinois Biometric Information Privacy Act through the way it uses customers’ facial data collected through scans for trying on makeup virtually.
• Where: Illinois

Target is using a virtual try-on service for makeup to collect customers’ facial data for research and marketing purposes, a new class action lawsuit alleges.

Lead plaintiff, Aimee Potter filed the class action lawsuit against Target Corporation Friday in an Illinois court, alleging violations of the Illinois Biometric Information Privacy Act (BIPA) through a virtual makeup try-on tool.

Target offers virtual try-on technology to customers on its website and Target mobile applications, she says.

Through the use of augmented reality technology, Target’s Virtual Try-On technology allows customers to virtually “try on” makeup and other products. It works by scanning a customer’s facial geometry from an uploaded photo or through a live camera image to apply virtual makeup products to the face in the photo or live camera image. 

Facial Scans of Consumers Who Use Target’s Virtual Try-On Sent to Marketers

“Target and its third-party affiliates and vendors… use the Virtual Try-On technology and save the personal data from the facial scan for research and marketing purposes,” Potter claims in the class action..

Potter says she visited a Target store on Sept. 8. While in the beauty section, she scanned the QR phone for various lipstick colors available for purchase and used the Virtual Try-On technology through the Target app on her phone to virtually “try on” three shades of lipstick, she says. 

Potter says she was never informed, in writing or otherwise, that Target was collecting scans of her facial geometry or her biometric data. 

“When Plaintiff enabled the camera to use the Virtual Try-On technology or clicked on the “Try It On” button on the screen, she was never asked to consent to any terms or conditions or provide any waiver to use the technology, or informed how her biometric data would be collected, stored, or shared.”

Potter is looking to represent a class of Illinois residents who used Target’s Virtual Try-On technology in Illinois between Sept. 10, 2016 and now.

She’s seeking damages, fees, costs and a jury trial. 

This case comes after cosmetics retailers Mary Kay and Ulta were both slapped with class action lawsuits in July alleging they unlawfully scanned and stored people’s faces without their proper consent. 

Amazon is also facing a class action alleging it unlawfully collects, captures, and stores the biometric data of consumers who virtually try-on products on its website.

Have you used virtual try-on technology? Let us know your experience in the comments! 

The plaintiff is represented by David Fish of Fish Potter Bolanos, P.C. 

The Target Makeup Virtual Try-On Class Action Lawsuit is Aimee Potter et al., v. Target Corporation, Case No. 2021CH04615, in the Circuit Court of Cook County, Illinois County Department, Chancery Division

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