Judge dismisses Estee Lauder biometric info class action

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Update:

• An Illinois federal judge dismissed a lawsuit against Estee Lauder, Bobbi Brown, Smashbox and Too Faced regarding collection of biometric information related to the virtual try-on tool on defendants’ websites.
• U.S. District Judge Lindsay C. Jenkins ruled the plaintiffs did not prove the virtual try-on tool collected information that could identify a person and therefore the plaintiffs failed to state a claim the Estee Lauder companies violated the Illinois Biometric Information Privacy Act (BIPA).
• Judge Jenkins cited a December ruling where a judge dismissed an Aveda BIPA class action related to its virtual hair color tool for similar reasons as precedent for the dismissal.
• Judge Jenkins will allow the defendants to file a second amended complaint by Feb. 8.

Cosmetics class action overview:

• Who: A group of Illinois cosmetics customers sued Estee Lauder, Bobbi Brown, Smashbox and Too Faced.
• Why: The plaintiffs allege the companies illegally collected and used their facial data through their virtual try-on tools.
• Where: The cosmetics class action was filed in an Illinois federal court.

(0ct. 20, 2022)

A group of Illinois customers has filed a class action against Estee Lauder, Bobbi Brown, Smashbox and Too Faced alleging the cosmetics companies illegally collected and used their facial data through their virtual try-on tools.

Plaintiffs Celia Castelaz, Brittanie Nalley, Northa Johnson and Lori Carter filed the class action complaint against The Estée Lauder Cos. Inc., Bobbi Brown Professional Cosmetics Inc., Estée Lauder Inc., Smashbox Beauty Cosmetics Inc. and Too Faced Cosmetics LLC on Oct. 18 in an Illinois federal court, alleging violations of the Illinois Biometric Information Privacy Act (BIPA).

According to the plaintiffs, despite consumer concerns regarding facial-scanning technology, the defendants don’t inform website users that they use technology on their beauty brand websites to collect users’ biometric facial scans. 

The brands do not inform website users that their biometric identifiers are being collected, nor ask for their consent as the law requires, the cosmetics class action states.

Estee Lauder, Bobbi Brown virtual try-on features collect biometric data, lawsuit alleges

The beauty brands invite customers to virtually “try on” makeup through the Virtual Try-On feature on each of their websites.

Through this feature, visitors to the websites are able to view themselves with various makeup products on their face. 

However, unbeknownst to the website users, beauty brands collect users’ detailed and sensitive biometric identifiers and information, including complete facial scans, the cosmetics class action alleges.

The plaintiffs look to represent anyone whose biometric identifiers were captured on esteelauder.com, toofaced.com, smashbox.com or bobbibrowncosmetics.com while living in Illinois over the past five years.

They seek certification of the class action, damages of up to $5,000 per violation, an injunction, damages, fees, costs and a jury trial.

Estee Lauder was also in the news earlier this year for a separate class action related to Virtual Try-On.

In June, the company was hit with a similar class action lawsuit alleging it illegally collects the biometric data of consumers who use its virtual makeup try-on feature.

Have you used the virtual try-on features on these websites? Let us know your experience in the comments.

The plaintiffs are represented by Amy E. Keller, Nada Djordjevic and James A. Ulwick of Dicello Levitt LLC; James J. Pizzirusso, Steven M. Nathan and Katherine Hansson of Hausfeld LLP; and Don Bivens of Don Bivens PLLC.

The virtual cosmetics try-on class action lawsuit is Celia Castelaz v. The EsteeLauder Cos. Inc., et al., Case No. 1:22-cv-05713, in the U.S. District Court for the Northern District of Illinois.

Read About More Class Action Lawsuits & Class Action Settlements:

• Bumble class action alleges app collects, customer user biometric data
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• ByteDance class action CapCut app fails to protect user data
• Pepsi class action claims company collected employee’s biometric data without consent