Brilliant Earth, Helzberg class actions allege companies collect hand geometry data without prior consent

Brilliant Earth, Helzberg class action lawsuits overview: 

• Who: Tanisha Roberson has filed a class action lawsuit against Brilliant Earth Group Inc. and Helzberg’s Diamond Shops, LLC. 
• Why: Roberson claims Helzberg and Brilliant Earth unlawfully collect the hand geometry of website visitors that use the company’s respective virtual try-on features.
• Where: The class action lawsuits were filed in Illinois federal court.

Brilliant Earth Group and Helzberg’s Diamond Shops collect the hand geometry of consumers who use its virtual try-on feature, without having their prior consent to do so, a pair of new class action lawsuits allege. 

Plaintiff Tanisha Roberson claims Brilliant Earth and Helzberg collect “detailed and sensitive” biometric identifiers and information with obtaining their consent or informing them that their data is being collected. 

Roberson argues Brilliant Earth and Helzberg also fail to provide consumers with a schedule for the length of time the biometric identifiers will be collected, stored, and destroyed. 

Brilliant Earth and Helzberg are accused of violating the Illinois Biometric Information Privacy Act (BIPA). 

“Upon information and belief, Defendant has not developed a written policy establishing retention schedules and guidelines for permanently destroying consumers’ biometrics and does not destroy such data within the timeframes established by BIPA,” the Brilliant Earth and Helzberg class action’s state. 

Roberson wants to separately represent a nationwide class of consumers who have had their biometric identifiers captured by Helzberg or Brilliant while using the virtual try-on feature on the company’s respective websites. 

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Consumers are able to use Helzberg and Brilliant Earth’s virtual try-on feature on their desktop or mobile devices by either taking a photo for the website or uploading a photo to it, according to the Helzberg and Brilliant Earth class actions. 

“But, unbeknownst to the website user—including Plaintiff and the other Class members—Defendant collects detailed and sensitive biometric identifiers and information, including complete hand geometry scans,” the Helzberg and Brilliant Earth class actions state.

Roberson argues that if a consumer were to have their biometric identifiers compromised that they would be put at a heightened risk of identity theft — even more so than if something like a Social Security number was exposed. 

“BIPA recognizes that biometric information is ‘unlike other unique identifiers that are used to access finances or other sensitive information,’ in that it cannot be changed and is ‘biologically unique to the individual,’” the Helzberg and Brilliant Earth class actions state. 

Roberson is demanding a jury trial for both complaints and requesting injunctive and declaratory relief along with a liquid or actual damages for herself and all class members. 

The Illinois Supreme Court ruled earlier this month that an individual will have five years to make claims under BIPA, increasing a one-year time limit that an intermediate appellate court previously instituted. 

Have you had your biometric identifiers collected and stored without your prior consent? Let us know in the comments! 

The plaintiff is represented by Jeff Ostrow and Steven Sukert of Kopelowitz Ostrow Ferguson Weiselberg Gilbert and Andrew J. Shamis of Shamis & Gentile, P.A. 

The Brilliant Earth, Helzberg class action lawsuits are Roberson, et al. v. Helzberg’s Diamond Shops, LLC, Case No. 1:23-cv-00988, and Roberson, et al. v. Brilliant Earth Group, Inc., Case No. 1:23-cv-00987 in the U.S. District Court for the Northern District of Illinois. 

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