Living Proof Haircare Quiz illegally collects customer biometrics, class action lawsuit claims

Living Proof class action lawsuit overview:

• Who: An Illinois consumer filed a class action lawsuit against hair product and hair care company Living Proof Inc.
• Why: The plaintiff claims Living Proof illegally collected, stored and used biometric data from Illinois residents.
• Where: The Living Proof class action lawsuit was filed in Illinois state court.

A new class action lawsuit claims Living Proof Inc. illegally collected, stored and used biometric data from Illinois residents without their written consent.

Plaintiff Giselle Rodriguez filed the class action complaint against Living Proof on March 13 in an Illinois state court, alleging violations of the Illinois Biometric Information Privacy Act (BIPA).

Rodriguez argues Living Proof failed to obtain informed written consent prior to collecting, storing and using biometric identifiers and information from Illinois residents who used its Hair Quiz and Haircare Advisor applications.

“Defendant captured, collected, obtained, stored and used — without first providing notice, making the required disclosures and obtaining prior informed written consent — the facial geometry and associated personal identifying information of thousands of unwitting Illinois residents,” the Living Proof class action says.

Living Proof failed to disclose biometric data collection, class action says

Rodriguez argues that Living Proof did not inform Illinois consumers in writing that its Haircare Quiz technology would scan, collect, use and store their biometric identifiers and biometric information from selfies taken through the quiz. She says she was unaware that the company would store her facial data when she used the feature. 

The plaintiff wants to represent a class of all individuals who, while living in Illinois, had their biometric identifiers or biometric information collected, captured, received or otherwise obtained by Living Proof in connection with the use of any hair quiz feature on any of its websites or platforms.

She demands a jury trial and requests statutory damages of $5,000 for each intentional or reckless violation of BIPA or, alternatively, statutory damages of $1,000 for each negligent violation.

In 2024, Charlotte Tilbury Beauty agreed to pay $2.9 million to resolve a class action lawsuit claiming it violated Illinois biometric privacy laws by collecting facial geometry scans from website visitors.

Have you used Living Proof’s Hair Quiz or Haircare Advisor apps? Let us know in the comments.

The plaintiff is represented by Keith J. Keogh and Theodore H. Kuyper of Keogh Law Ltd., Scott D. Owens and Mathew Bobulsky of Scott D. Owens P.A. and John R. Habashy of Lexicon Law.

The Living Proof class action lawsuit is Rodriguez v. Living Proof Inc., Case No. 2025CH02910, in the Circuit Court of Cook County, Illinois County Department, Chancery Division.

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