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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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105 thoughts onTarget Virtual Try-On for Makeup Collects Facial Data for Research, Class Action Alleges
I had no idea they would save my facial features by just virtually seeing how their makeup would look on my complexion. This is disturbing. Please add me
Add me too please thanks
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This is awful! Yes, please add me. I have! I live in Illinois and I am a frequent shopper at Target, and who would think of what was behind the scenes. You would think this is a cool way to see if a lip shade would look good on you, before you spend the money on the product. I never thought …..Wow….Just WOW…..
Please add me
Please add me. I also used to try on various shades of lipsticks.
Please add me.
please add me
This might be the most upsetting one I’ve read in a while…I’ve used the virtual try on services, even on Target, and I always mae sure I have the bare minimum cookies selected and always try to click Do Not Sell My Info but this is usually reserved exclusively for CA residents. Something to note is that many of the companies which promote using this service do it by using it as an incentive to “earn ‘x’ loyalty points” or credit etc towards your account which can then be exchanged for a discount or free product. That has to make this more illegal IF a company entices a consumer to take the photo in exchange for a reward/compensation, then afterwards gives the allusion the data was never stored bc of an option to “delete” or “save” the image(s),… and Target nor other sites state to make sure you’re clothed etc so there is an entire array of issues going through ky head…I hope this makes sense.
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