JCPenney skincare tool sparks class action over facial scan privacy concerns

JCPenney class action lawsuit overview: 

• Who: Christine Borovoy filed a class action lawsuit against Penney OpCo LLC. 
• Why: Borovoy claims JCPenney violated the Illinois Biometric Information Privacy Act (BIPA) with the way it captured, collected and stored the facial scans of consumers. 
• Where: The class action lawsuit was filed in Illinois state court.

A new class action lawsuit alleges JCPenney unlawfully captured, collected and stored the facial scans of consumers who used the “Skincare Advisor” — an AI-powered product recommendation tool — on the company’s website and/or mobile application.

Plaintiff Christine Borovoy claims JCPenney failed to follow Illinois Biometric Information Privacy Act requirements when capturing, collecting and storing the biometric identifiers and/or biometric information. 

“Plaintiff and Class members seek to enforce their statutorily protected privacy rights in their biometric identifiers and biometric information and to recover from Defendant for its repeated and continuing violations of BIPA,” the JCPenney class action lawsuit says. 

Borovoy wants to represent an Illinois class of consumers who scanned their face while using the “Skincare Advisor” tool on JCPenney’s website or mobile application within the state at any time within the last five years. 

JCPenney knowingly, willfully violated BIPA, class action claims

Borovoy argues JCPenney alleged BIPA violations were “knowing and willful” or “were at least in reckless disregard of the statutory requirements.” 

“Defendant denied Plaintiff and the Class of their right to statutorily required information and right to control their biometric information, failed to protect their facial biometric data and violated their state rights to biometric privacy as set forth in BIPA,” the JCPenney class action lawsuit says. 

Borovoy claims JCPenney failed to provide the required notice to consumers prior to collecting their biometric data, obtain written informed consent before collecting their biometric data, and make publicly available a written policy detailing the company’s biometric data retention and destruction procedures. 

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of statutory damages for herself and all class members. 

In another class action lawsuit, JCPenny is accused of violating Washington’s CEMA by sending misleading emails about discounts.

Have you scanned your face while using the ‘Skincare Advisor’ tool on JCPenney’s website or mobile application? Let us know in the comments.

The plaintiff is represented by Kylie K. Franklin of Hinders, Updegraff & Franklin PLC, Grace E. Parasmo and Yitzchak H. Lieberman of Parasmo Lieberman Law and Allen Schwartz of Schwartz Law PLLC. 

The JCPenney class action lawsuit is Borovoy, et al. v. Penney OpCo LLC, Case No. 2026CH02396, in the Circuit Court of Cook County, Illinois County Department, Chancery Division. 

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