Dating site class action overview:
- Who: Plaintiff Michael Massel is suing dating app Victoria Milan.
- Why: Massel claims the company illegally used the biometric data of its Illinois customers.
- Where: The dating site class action was filed in an Illinois federal court.
A new class action lawsuit alleges the operator of the dating app Victoria Milan illegally used the facial geometry of some of its customers, putting them at risk for the rest of their lives.
Plaintiff Michael Massel filed the class action lawsuit against PaySec USA LLC — doing business as Victoria Milan — on Sept. 29 in an Illinois federal court, alleging violations of the Illinois’ Biometric Information Privacy Act (BIPA).
The lawsuit, brought by Massel on behalf of himself and other users, claims that the company unlawfully collected, stored, and used sensitive biometric data without proper consent.
Victoria Milan, known for catering to individuals seeking discreet relationships, requires users to verify their identity by uploading a “selfie” during the sign-up process, the lawsuit states.
This process collects users’ facial geometry—biometric data that cannot be altered or replaced once compromised, Massel explains. He says that Victoria Milan failed to inform users about how long this data would be stored, or the specific purposes for which it was being collected, which is a requirement under BIPA.
Biometric data, such as facial scans, is permanent and irreplaceable, which leaves individuals vulnerable forever if such data is stolen or exposed in a breach, the law acknowledges. Therefore, dating site users could face severe consequences like identity theft or unauthorized tracking if their facial data is compromised, the lawsuit says.
Victoria Milan violated BIPA requirements, dating site class action alleges
Under BIPA, companies operating in Illinois must inform users in writing that biometric information will be collected and stored, outline the specific purposes for collecting the data, and obtain written consent before proceeding.
They are also required to publish guidelines specifying how long the data will be retained and when it will be permanently destroyed, the lawsuit states.
Massel alleges that Victoria Milan did not do this, failed to obtain written consent for collecting facial geometry scans and did not provide users with clear information about data storage practices.
As a result, he is suing on behalf of all Illinois residents who had their biometric information collected by Victoria Milan at any point in the past five years. He’s seeking certification of the class action, damages, fees, costs and a jury trial.
In April, a group of dating app users filed a class action lawsuit against MatchGroup Inc., the creator of the dating apps Tinder, Hinge and The League alleging the company purposely designed its dating apps so that their users would become addicted and continue paying for subscriptions.
What do you think of the allegations in this dating site BIPA lawsuit? Let us know in the comments.
The plaintiff is represented by Michael L. Fradin and James L. Simon of Simon Law Co.
The Dating site class action lawsuit is Michael Massel v. PaySec USA LLC, Case No. 1:24-cv-09122 in the U.S. District Court for the Northern District of Illinois.
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