Decorté Virtual Try-On class action lawsuit alleges feature violates biometric laws

(Photo credit: Woman trying different lipstick colors online on smartphone,/Shutterstock)

Overview of the Decorté Virtual Try-On Class Action:

  • WHO: A makeup client is suing Decorté’s parent company, Kose America.
  • Why: Plaintiff Ashley Hiatt claims the makeup brand’s virtual try-on tool violated Illinois biometric privacy laws.
  • Or: the class action was filed in Federal Court of Illinois.

The owner of luxury makeup brand Decorté collects customers’ facial data and stores it without their consent, according to a new class action lawsuit.

Plaintiff Ashley Hiatt filed the class action lawsuit against Kose America, Inc. on February 15 in federal court in Illinois, alleging violations of the Illinois Biometric Information Privacy Act (BIPA).

Decorté is a luxury cosmetics brand sold by Kose America in retail stores and online.

In March 2021, the brand launched a “virtual services” tool on its website that contains two AI-powered features: a virtual try-on feature for cosmetics and a skin diagnostic feature, Hiatt explains. .

The tool allows consumers to see what beauty products will look like by uploading a photo of themselves to the technology.

The tool then uses facial biometric data and consumer IDs to show the person what the product will look like on their face and to recommend beauty products, Hiatt says.

However, the company violates BIPA by failing to inform consumers that it collects, captures, possesses, obtains and uses their biometric information and identifiers and by failing to inform them how and where the data will be used.

Hiatt says the company is not obtaining informed written consent from consumers before taking their facial data in violation of the law.

“Defendant deprives consumers of any meaningful opportunity to make an informed decision regarding the collection and use of their own biometric data in direct violation of BIPA,” the lawsuit states.

It says the total amount in dispute exceeds $5 million, excluding interest and fees.

Class-action lawsuit affects at least 4,000 people, lawsuit says

At least 4,000 people are estimated to have been affected by the claims, the lawsuit says. Hiatt seeks to represent all Illinois residents who have used virtual services technology in Illinois from February 2017 to present.

She is seeking class action certification, damages of $5,000 for each willful violation of the BIPA and $1,000 for each negligent violation of the BIPA.

The target also fights a class action alleging that its virtual fitting feature illegally captures, collects and stores consumers’ biometric data through facial geometry scans without their permission.

A similar class action lawsuit was filed in September 2021 against Amazon by consumers alleging the company violated BIPA with its virtual try-on feature.

Did you use a virtual try-on feature without knowing it was collecting your biometric data? Let us know in the comments!

Plaintiff is represented by Brendan Donelon and Daniel W. Craig of Donelon, PC and Thomas M. Ryan of the law firm of Thomas M. Ryan.

the Kose America Class Action East Ashley Hiatt vs. Kose America, Inc.Case No. 1:22-cv-01044-JES-JEH, in the United States District Court for the Central District of the Peoria Division of Illinois.

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