in Newswire Published on September 2, 2022

Dior Collected Illinois Residents’ Biometric Info Through ‘Try On’ Tool, Lawsuit Says [DISMISSED]

Last Updated on February 23, 2023

Warmack-Stillwell v. Christian Dior, Inc.

Filed: August 30, 2022 ◆§ 1:22-cv-04633

A proposed class action alleges Christian Dior, Inc. has unlawfully collected customers’ biometric information through a virtual try-on feature on its website.

Defendant(s)

Christian Dior, Inc.

Law(s)

Illinois Biometric Information Privacy Act

State(s)

Illinois

February 21, 2023 – Dior Biometric Privacy Class Action Dismissed

The lawsuit detailed on this page was dismissed on February 10, 2023 after a federal judge found that Dior’s collection of facial geometry scans through its virtual try-on tool falls under the Illinois Biometric Information Privacy Act’s (BIPA) “general health care” exemption.

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In a 12-page order, United States District Judge Elaine E. Bucklo agreed with Dior’s argument that its alleged conduct is permitted under a BIPA exemption that excludes from its definition of biometric identifiers any information captured “from a patient in a health care setting.”

“Plaintiff argues that she cannot reasonably be considered a ‘patient’ because she only sought non-prescription sunglasses, not prescription glasses,” Judge Bucklo wrote. “But sunglasses, even if non-prescription, protect one’s eyes from the sun and are Class I medical devices under the Food & Drug Administration’s regulations.”

The judge considered the plaintiff a “patient” because Dior’s virtual try-on tool facilitates the purchase of a medical device that protects vision. In addition, the tool is considered a “health care setting” because it is the “online equivalent” of going to a brick-and-mortar location to buy such a medical device, the judge said.

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A proposed class action alleges Christian Dior, Inc. has unlawfully collected customers’ biometric information through a virtual try-on feature on its website.

The 32-page lawsuit relays that the luxury fashion brand offers sunglasses and other eyewear products on its website, dior.com/en_us/fashion, and allows customers to use a virtual try-on feature to see how the items would look on their face.

Per the case, the software on Dior’s website collects what’s known as biometric information—specifically, a customer’s facial geometry—without the individual’s knowledge or consent. The lawsuit argues that the defendant has violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and using consumers’ biometric data without first providing required disclosures and obtaining a written release to use and store the information.

The virtual try-on feature embedded on Dior’s website, which can be accessed by clicking a “Try Online” button for a particular product, works by using a customer’s camera or an uploaded photo to position the selected eyewear on an image of the person’s face. According to the suit, the feature uses facial recognition technology provided by non-party FittingBox to scan the user’s facial geometry and overlay an image of the eyewear in the proper position on their face.

The lawsuit alleges, however, that Dior has failed to inform users that their biometric information is being collected, and of the purpose and length of time for which the data will be stored and used, as required by the BIPA.

The retailer has also failed to publish a publicly available retention policy detailing when the information will be permanently destroyed and obtain consumers’ written consent to use their biometric data, both of which are BIPA requirements, the suit says.

“Dior violated BIPA each and every time a website visitor based in Illinois used the Virtual Try-On feature during the Relevant Period, because Dior collected and stored or facilitated the storage of website users’ biometric information or biometric identifiers without disclosure to or consent of any of the consumers who use the Virtual Try-On feature on Dior’s website,” the complaint contends.

The lawsuit seeks to cover anyone whose biometric identifiers were captured, collected, stored or used by Christian Dior, Inc. through the use of the virtual try-on feature on its websites, including dior.com/en_us/fashion, while residing in Illinois at any time since Dior first provided the feature.

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