Target Virtual Try-On Feature Collects Users Biometric Data Without User Consent, Class Action Alleges

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Target Virtual Try-On Class Action Lawsuit Overview: 

• Who: Aimee Potter filed a class action lawsuit against Target Corporation. 
• Why: Potter claims Target’s virtual try-on feature violates the Illinois Biometric Privacy Act.
• Where: The class action lawsuit was filed in Illinois circuit court.

Target’s virtual try-on feature unlawfully captures, collects, and stores consumers biometric data through facial geometry scans, a new class action lawsuit alleges.

Plaintiff Aimee Potter claims Target’s virtual try-on feature violates the Illinois Biometric Privacy Act (BIPA) by not asking for consent to collect consumers’ biometric data or informing them it is doing so. 

Potter wants to represent an Illinois Class of consumers who used Target’s virtual try-on feature between Sept. 10, 2016 and the present day. 

Potter says she sampled three different lipsticks using Target’s virtual try-on feature, which requires customers to scan or upload a picture of their face to Target’s app in order to virtually try on makeup or other products. 

Target Violates User Data Privacy by Scanning Faces and Creating Data Points for Virtual Try-on Feature, Class Action Claims

Target’s virtual try-on technology scans a customer’s live face or uploaded image and creates a unique digital map and data points so they can virtually try on products, according to the class action lawsuit. 

Creating this facial template constitutes a biometric identifier and thus the company must comply with regulations set by BIPA, the class action lawsuit alleges.

Potter says Target never informed her it was collecting her biometric data, obtained informed written consent to collect her data, or provided her with any information on how it would be collected, stored, or shared, as required by BIPA.  

Potter is demanding a jury trial and requesting relief in the form of liquidated monetary damages for herself and all Class Members. 

A similar class action lawsuit was filed in September against Amazon by consumers who allege the company violated BIPA with its virtual try-on feature. 

Have you used Target’s virtual try-on feature without being aware it was collecting your biometric data? Let us know in the comments! 

The plaintiff is represented by David J. Fish and Mara Baltabols of Fish Potter Bolaños, P.C., and Douglas M. Werman and Zachary C. Flowerree of Werman Salas P.C. 

The Target Virtual Try-On Class Action Lawsuit is Potter v. Target Corporation, Case No. 1:21-cv-05496, in the Circuit Court of Cook County, Illinois. 

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