Madison Reed data class action overview:
- Who: An Illinois woman is suing Madison Reed.
- Why: The plaintiff alleges the company illegally collected the facial geometry of those who used its online try-on feature.
- Where: The Madison Reed data class action lawsuit was filed in an Illinois federal court.
Hair company Madison Reed illegally collected the facial geometry data of visitors to its website who used its virtual try-on feature, a new Illinois-based class action lawsuit alleges.
Plaintiff Holly Goodell filed the class action lawsuit against Madison Reed Inc on March 9 in an Illinois federal court, alleging violations of the Illinois Biometric Information Privacy Act (BIPA).
According to the lawsuit, Madison Reed has a virtual try-on feature on its website that allows people to see what they would look like wearing different Madison Reed hair color products.
All a user must do is enable his or her computer or smartphone camera to take a photo to be used by the website or upload a photo to the website, Goodell says.
“But, unbeknownst to the website user — including Plaintiff and the other Class members — Defendant collects detailed and sensitive biometric identifiers and information, including complete face geometry scans, of its users through the Virtual Try-On feature, and it does this without first obtaining their consent, or informing them that this data is being collected,” she alleges.
No written policy for destroying biometric data, lawsuit alleges
The company also does not provide users with a schedule setting out the length of time during which their biometric information will be collected, stored, used or destroyed, in violation of the law, the lawsuit states.
Madison Reed 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, Goodell says.
She seeks to represent anyone in Illinois whose biometric identifiers were captured by Madison Reed through its virtual try-on features on madison-reed.com.
Goodell is suing under BIPA and seeks certification of the class action, damages of $1,000 per negligent violation and $5,000 per willful or reckless violation, fees, costs and a jury trial.
Last year, Madison Reed was hit with a class action lawsuit alleging it sent unwanted text messages to prospective Florida customers.
What do you think of the allegations against Madison Reed? 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 PA.
The Madison Reed class action lawsuit is Holly Goodell, et al. v. Madison Reed Inc., Case No. 1:23-cv-01471, in the U.S. District Court for the Central District of Illinois.
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