Virtual Eyeglass Try On Service Collects Consumers’ Biometric Info Illegally Claims Class Action

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Virtual Eyeglass Try On Class Action Lawsuit Overview:

• Who: An Illinois resident has lodged a class action lawsuit against ​​Ditto Technologies Inc.
• Why: Ditto, which provides virtual eyeglass try on services to retailers, collects and stores customers’ biometric information illegally, claims the lawsuit. 
• Where: The class action lawsuit was removed to Illinois federal court.

A class action lawsuit claims Ditto Technologies illegally captures and collects facial scans for Zenni Optical’s virtual eyeglass try on service. 

The lead plaintiff, Sherry Cruz, used Ditto Technologies’ Virtual Eyeglass Try-On service, which scans your face through a camera to show how eyeglasses might look on you, while shopping on eyeglass retailer Zenni Optical’s website. Cruz alleges that Ditto failed to tell her and other consumers that it was collecting and storing their facial scans in violation of the Illinois Biometric Information Privacy Act (BIPA).   

Cruz wants to represent a Class of Illinois consumers who had their biometric identifiers, facial geometry, faceprints, or facial data captured, collected, or received by Ditto Technologies.

Ditto Technologies Virtual Eyeglass Try On Poses ‘Serious and Irreversible Privacy Risks’

BIPA requires entities like Ditto to obtain a written release from an individual and inform customers about the collection and storage plans of their biometric data before any collection, capturing, or storage occurs. Cruz maintains that Ditto failed to sufficiently comply with these laws.

The class action lawsuit claims that Ditto “lacks retention schedules and guidelines” for permanently destroying customers’ biometric data collected during virtual eyeglass try ons and “has not and will not destroy” that data as required by privacy law. 

Ditto’s practices expose customers to “serious and irreversible privacy risks,” claims the virtual eyeglass try on class action, by leaving this sensitive and private data open to exposure and subsequent identity theft and tracking.

Cruz is seeking liquidated damages for negligent violation, willful or reckless violation, or actual damages, as well as attorneys’ fees and costs. 

Have you ever used Ditto Technologies’ virtual eyeglass try on service? What do you think about the way it allegedly collects and stores your biometric data? Let us know in the comments below!

The plaintiff is represented by Brandon M. Wise of Peiffer Wolf Carr Kane & Conway, LLP and Aaron Siri and Mason Barney of Siri & Glimstad LLP.

The Ditto Zenni Optical Virtual Try On Class Action Lawsuit is Cruz v. Ditto Technologies Inc., Case No. 1:21-cv-01252, in the U.S. District Court for the Central District of Illinois. 

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