Oral-B Toothbrush App Collects Biometric Data, Class Action Alleges

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Oral-B Toothbrush BIPA Class Action Lawsuit Overview: 

• Who: Procter & Gamble has been hit with a class action lawsuit alleging its new Oral-B toothbrushes and app violate the Illinois Biometric Information Privacy Act.
• Why: Jan Gamboa says he never gave consent to the company for it to collect, store, and disseminate his facial biometric data, and was never informed that it did so.
• Where: The class action is pending in a Cook County Circuit Court.

Oral-B smart toothbrushes and accompanying mobile app to illegally capture and store consumers’ facial geometry data, a new class action lawsuit lodged against Procter & Gamble alleges. 

Lead plaintiff Jan Gamboa, who bought the $200 Oral-B iO Series 7G toothbrush in June, says that the company never informed him that his biometrics were being collected, stored and disseminated with his use of the toothbrush and accompanying app, violating the Illinois Biometric Information Privacy Act (BIPA).

Gamboa says he downloaded the app to track which zones of his mouth he was brushing using the company’s position detection technology, but was unaware that by doing so Procter & Gamble captured, collected, stored, and transferred biometric scans of his face and facial geometry.

“Prior to taking, and while in possession of, Plaintiff’s biometrics, Defendant did not publish any written policy as to a biometric retention schedule or guidelines for permanently destroying biometrics,” Gamboa states in the class action.

Oral-B Toothbrush App Collects Data Without Consent, Claims Class Action

Procter & Gamble’s position detection technology uses consumers’ smartphone cameras to extract their facial geometry, and, coupled with the Bluetooth enabled Oral-B toothbrush, identifies the zone of the user’s mouth that is being brushed. The app allows users to track their brushing, receive real-time feedback on the effectiveness of their technique, and view after-brushing reports, the claim explains.

But what the company does not do, the claim alleges, is comply with BIPA.

“Compliance with BIPA is straightforward and may be accomplished through a single, signed sheet of paper or an electronic disclosure and consent screen,” Gamboa states in the claim.

“BIPA’s requirements bestow a right to privacy in one’s biometrics and a right to make an informed decision when electing whether to provide or withhold biometrics.”

Gamboa is demanding $5,000 for each of the company’s willful or reckless violations of BIPA, and $1,000 for each negligent violation of the law.

He wants to represent other Illinois users of Procter & Gamble’s smart toothbrush. He is seeking certification of the Class, injunctive relief, damages, attorney’s fees and costs, interest, and a jury trial.

Procter & Gamble is no stranger to class action lawsuits centered on its dental care products. It has been hit with a number of class action lawsuits alleging false advertising of the effects of a range of its toothpaste, including those that advertise whitening effects and gum repair. In a July class action, Lisa Helterbrand alleges that Procter & Gamble violated state business laws by marketing its Oral-B and Crest toothpastes as being able to repair gum damage, something that no toothpaste is able to do.

Do you own an Oral-B smart toothbrush? Tell us how the brush and app have worked for you in the comments section!

Gamboa is represented by David L. Gerbie and Steven R. Beckham of McGuire Law, P.C.

The Oral-B Toothbrush BIPA Class Action Lawsuit is Gamboa v. The Procter & Gamble Company, Case No. 2021CH05459 in the Circuit Court of Cook County, Illinois County Department, Chancery Division.

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