Dior wants to be first defendant awarded attorney fees when winning BIPA lawsuit

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Update:

• Christian Dior argues it should be awarded attorney fees after beating a class action lawsuit accusing the fashion company of violating the Illinois Biometric Information Privacy Act (BIPA). 
• If successful, Dior would be the first defendant in a BIPA case to be awarded attorney fees.
• Dior argues the Illinois Supreme Court ruled a defendant who beats claims qualifies as a “prevailing party.” 
• Dior was accused of violating BIPA with a feature that allowed its customers to virtually try on sunglasses online. 
• An Illinois federal judge dismissed the complaint in February, ruling Dior qualified for an exemption under BIPA for data that was captured “from a patient in a health care setting.”

Christian Dior class action overview:

• Who: Plaintiff Delma Warmack-Stillwell filed a class action lawsuit against Christian Dior Inc.
• Why: She alleges the Christian Dior virtual try-on feature captures and stores customers’ biometric data without their consent.
• Where: The Christian Dior class action lawsuit was filed in Illinois federal court.

(Sept. 1, 2022)

Christian Dior Inc. illegally collects and stores the biometric data of customers who use the virtual try-on feature on its website, according to a class action lawsuit filed Aug. 30 in Illinois federal court.

Plaintiff Delma Warmack-Stillwell says she has used the virtual try-on feature about 10 times in her search for sunglasses. She says she was not informed in writing that it was capturing her facial geometry information and how that data would be used, in violation of the Illinois Biometric Information Privacy Act.

Dior virtual try-on tool does not notify customers it will collect and store biometric data, class action says

The Christian Dior class action lawsuit notes the luxury fashion brand launched the virtual try-on feature in April 2021 to allow customers to “try on” eyewear. The Christian Dior virtual try-on feature works with facial recognition technology from a company called FittingBox.

To use the feature, a customer can use their webcam or upload a photo. The Christian Dior virtual try-on feature scans the customer’s facial geometry and positions the eyewear in the proper location on their face. Webcam users are able to move their head around to see what the eyewear looks like from various angles, the Christian Dior class action lawsuit explains.

However, Christian Dior allegedly violates BIPA by failing to notify customers in writing that it will collect their biometric data, and by failing to inform them how the data is being used and how long their data will be stored.

BIPA was enacted to protect consumers’ biometric information because, unlike other unique identifiers such as Social Security numbers, it is biologically unique and cannot be changed.

Christian Dior class action seeks up to $5,000 per BIPA violation

Warmack-Stillwell filed the Dior class action lawsuit on behalf of herself and a proposed class of Illinois residents whose biometric identifiers were captured, collected, stored, or used by Dior through the Christian Dior virtual try-on feature on its websites.

She is seeking liquidated damages of $1,000 per negligent BIPA violation and $5,000 for each willful or reckless BIPA violation on behalf of herself and the putative class members, as well as an injunction ordering Christian Dior to comply with BIPA.

The owners of the Decorté makeup brand and L’Oreal Paris are also facing class action lawsuits alleging their virtual try-on tools violate BIPA.

Have you used the Christian Dior virtual try-on feature? Tell us what you think of this class action lawsuit in the comments below!

Warmack-Stillwell is represented by Adam J. Levitt, Amy E. Keller, Nada Djordjevic and James Ulwick of Dicello Levitt LLC.

The Dior class action lawsuit is Delma Warmack-Stillwell v. Christian Dior Inc., Case No. 1:22-cv-04633, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

Read About More Class Action Lawsuits & Class Action Settlements:

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