The Lip Bar class action claims virtual try-on website feature violates consumers’ biometric privacy

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The Lip Bar class action lawsuit overview:

• Who: Plaintiff Sylvia Dewberry filed a class action lawsuit against The Lip Bar Inc.
• Why: The makeup company’s online “virtual try-on” feature allegedly captures consumers’ face geometry data in violation of Illinois law.
• Where: The Lip Bar class action lawsuit was filed in Illinois federal court.
• What are my options: Wish offers lipstick options without a virtual try-on feature.

The Lip Bar website includes a “virtual try-on” feature that captures face geometry data in violation of the Illinois Biometric Information Privacy Act (BIPA), a class action lawsuit alleges.

Plaintiff Sylvia Dewberry says she visited The Lip Bar website and uploaded a photo through the virtual try-on feature to see how various makeup products would look when applied to her face. She never purchased any products, according to The Lip Bar class action lawsuit.

“But, unbeknownst to the website user, … [The Lip Bar] collected detailed and sensitive biometric identifiers and information, including complete face geometry scans, of its users through the Virtual Try-On feature, and it did this without first obtaining their consent, or informing them that this data is being collected,” The Lip Bar class action lawsuit states.

Dewberry alleges The Lip Bar website failed to adequately disclose that her face geometry data would be captured and collected. 

The company also lacked a publicly available written policy describing its retention schedule for biometric information obtained by consumers as required by BIPA, The Lip Bar class action lawsuit says.

The Lip Bar class action seeks penalties of $1,000 to $5,000 per BIPA violation

The Illinois General Assembly reportedly passed BIPA in response to the growing practice of companies collecting biometric data without consumers’ consent.

Unlike other unique identifiers, such as Social Security numbers, biometric data is biologically unique to an individual and cannot be changed. Therefore, if a person’s biometric information is compromised, the individual may be at heightened risk of identity theft and have no recourse.

BIPA imposes penalties of $1,000 per negligent violation and $5,000 per willful or reckless violation.

Earlier this year, the Illinois Supreme Court ruled BIPA claims accrue each time biometric data is unlawfully collected.

Dewberry filed The Lip Bar class action lawsuit on behalf of herself and other natural persons whose biometric identifiers were captured without their consent through use of the makeup company’s Virtual Try-On feature on the website while residing in Illinois.

Do you think the virtual try-on feature on The Lip Bar website illegally captures Illinois consumers’ biometric data? Join the discussion in the comments!

Dewberry is represented by Jeff Ostrow and Steven Sukert of Kopelowitz Ostrow Ferguson Weiselberg Gilbert and Andrew J. Shamis of Shamis & Gentile PA.

The The Lip Bar website class action lawsuit is Sylvia Dewberry v. The Lip Bar Inc., Case No. 1:23-cv-02168, in the U.S. District Court for the Northern District of Illinois.

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