Amazon ‘Virtual Try-On’ Collects Face Scans Without Consent, Disclosure, Says Class Action

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Amazon Try-On Class Action Lawsuit Overview: 

• Who: An Illinois consumer lodged a class action lawsuit against Amazon.com, Inc. 
• Why: Plaintiff claims Amazon unlawfully collects and stores consumers’ biometric data when they virtually try-on a product on its website.
• Where: The class action lawsuit was filed in Illinois circuit court.

Amazon unlawfully collects, captures, and stores the biometric data of consumers who virtually try-on products on its website, a new class action lawsuit alleges. 

Plaintiff Tanya N. Svoboda claims Amazon fails to disclose or obtain written consent before collecting biometric data from consumers who upload pictures of their face to virtually try-on products, such as makeup, from the company’s website. 

Svoboda wants to represent Illinois consumers who had their biometric information captured, received, or otherwise obtained by Amazon while virtually trying on a product. 

Amazon Try-On ‘Indiscriminately’ Collects Face Scans From Consumers, Others

Svoboda says Amazon never disclosed that it would be collecting her biometric data or obtained written consent from her to do so during the multiple occasions she virtually tried on lipstick from its website using its “Virtual Try-On,” feature. 

Plaintiff claims she used her device’s camera to take photos of her face before uploading them to Amazon. The company then used the photos to scan and create a template of her face, all the while collecting and storing her biometric identifiers, the class action lawsuit alleges. 

“By collecting, storing, and using Plaintiff’s unique biometric identifiers and biometric information without her prior informed written consent, Amazon invaded Plaintiff’s statutorily protected right to privacy in and control over her Biometrics,” states the class action lawsuit. 

Amazon’s actions put it in violation of the Illinois Biometric Information Privacy Act (BIPA), says Svoboda, who claims the company also fails to provide the necessary requisite data retention and destruction policies. 

Users also do not have the option to prohibit Amazon from collecting their biometric data, meaning the try-on programs are conditioned to amass biometrics, doing so “indiscriminately,” the class action lawsuit alleges. 

“Amazon indiscriminately collects Biometrics of all users who appear in any photo or live video used in connection with the Virtual Try-On Programs, including minors incapable of providing informed consent,” states the class action lawsuit. 

Svoboda is demanding a jury trial and requesting injunctive and other equitable relief, along with statutory damages for themselves and all Class Members. 

Amazon had a separate class action lawsuit lodged against it this month alleging its Amazon Alexa devices unlawfully capture and store users’ biometric data. 

A similar class action lawsuit was also filed this month against Ditto Technologies Inc. that alleged the company manufactures virtual eyeglasses which illegally capture and store consumers’ biometric data.

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