Louis Vuitton class action regarding virtual try-on privacy to proceed

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Update: 

• Louis Vuitton North America can’t escape a class action lawsuit alleging it unlawfully collects and stores the biometric data of consumers who use its virtual try-on feature to try on glasses on the company’s website. 
• In an order filed Dec. 5, U.S. District Judge Denise Cote said he would allow most of the class action lawsuit to go ahead, dismissing only part of the suit brought under the Illinois Biometric Information Privacy Act (BIPA).
• Plaintiff Paula Theriot claims Louis Vuitton violates the law by using its virtual try-on feature to collect consumers’ biometric facial data without informing them or being given consent. 
• Judge Cote rejected Louis Vuitton’s argument that the virtual try-on tool on its website is powered by FittngBox, and that any lawsuit should be directed towards that company instead.

Louis Vuitton virtual try-on biometric data class action lawsuit overview: 

• Who: Paula Theriot filed a class action lawsuit against Louis Vuitton North America Inc. 
• Why: Theriot claims Louis Vuitton unlawfully collects and stores the biometric data of consumers who use its virtual try-on feature.
• Where: The class action lawsuit was filed in New York federal court. 

(April 12, 2022)

Louis Vuitton North America unlawfully collects and stores the biometric data of consumers who use its virtual try-on feature to try on glasses on the company’s website, a new class action lawsuit alleges.

Plaintiff Paula Theriot claims Louis Vuitton violates the law by using its virtual try-on feature to collect consumers’ biometric facial data without informing them or being given consent. 

Theriot claims Louis Vuitton refuses to inform consumers that it collects their biometric data when they use its virtual try-on feature to virtually try on its designer eyewear. 

Consumers who use the virtual try-on feature are able to “view themselves in a pair of expensive designer sunglasses,” simply by uploading a photo of their face to Louis Vuitton’s website, according to the class action lawsuit. 

Theriot argues, however, that consumers are unaware Louis Vuitton uses their photo to collect “detailed” and “sensitive” biometric identifiers, including taking a complete facial scan. 

Louis Vuitton not only fails to get consent or inform consumers it is collecting their biometric data but also fails to provide a reason for why they are collecting the biometric data or to inform consumers of how or when the company plans to destroy it, Theriot claims.

Louis Vuitton class action claims company violates Illinois Biometric Information Privacy Act

Theriot claims Louis Vuitton’s practice of collecting consumers biometric data in the way it does is a violation of the Illinois Biometric Information Privacy Act (BIPA). 

“(Louis Vuitton) has violated BIPA — and continues to violate BIPA — each and every time a website visitor based in Illinois uses the Virtual Try-On tool because (Louis Vuitton) continues to collect and store or facilitate the storage of biometric information or biometric identifiers without disclosure to or consent of any of the consumers who try on glasses on their website, necessarily using (Louis Vuitton’s) Virtual Try-On tool to do so,” the class action lawsuit states. 

Theriot argues consumers have been injured by Louis Vuitton’s conduct by losing control of their “most unique” biometric identifiers and by having their privacy violated. 

Plaintiff is demanding a jury trial and requesting injunctive relief along with either liquidated or actual damages for herself and all class members.

Theriot wants to represent an Illinois class of consumers who had their biometric identifiers captured and stored by Louis Vuitton after using the virtual try-on feature on its website. 

A similar class action lawsuit was filed against Target last October by a consumer claiming the company violated BIPA with a virtual try-on feature on its app. 

Have you used Louis Vuitton’s Virtual-Try On feature to virtually try on designer glasses on the company’s website? Let us know in the comments.

The plaintiff is represented by David A. Straite, Adam J. Levitt, Amy E. Keller, James A. Ulwick and Sharon Cruz of DiCello Levitt Gutzler LLC and James J. Pizzirusso and Steven M. Nathan of Hausfeld LLP. 

The Louis Vuitton Virtual Try-On Biometric Data Class Action Lawsuit is Theriot, et al. v. Louis Vuitton North America Inc., Case No. 1:22-cv-02944, in the U.S. District Court for the Southern District of New York.

Read About More Class Action Lawsuits & Class Action Settlements:

• NFL, Fanatics Face Fresh Claims They Conspire To Dominate Online Market For NFL Licensed Apparel
• Statutory Damage Claims Made Under BIPA Not Preempted By Workers Compensation Act, Illinois Supreme Court Rules
• Walmart Fingerprint Scanner Violates BIPA, Endanger Privacy of Employees, Says Class Action
• Delta Airlines Baggage Handler Co Can’t Get BIPA Class Action Tossed