Ill. Law Firm Dismisses 2 BIPA Lawsuits on Virtual Try-On Features
Plaintiff Holly Goodell dismissed her lawsuit without prejudice against Madison Reed that alleged the hair care company violated the Illinois Biometric Information Privacy Act (BIPA), said a Friday filing (docket 4:23-cv-04039) in U.S. District Court for Central Illinois in Rock…
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Island. Goodell alleged Madison Reed’s virtual try-on feature lacked a publicly available written policy showing a retention schedule and guidelines for permanently destroying biometric identifiers and information used for its virtual try-on feature. In a memorandum of law in support of its motion to dismiss last month (see 2304280052), Madison Read argued a hair color software tool doesn’t implicate faces “and therefore does not implicate” BIPA. Parties will bear their own fees and costs. In another BIPA suit brought by the same law firm, Kopelowitz Ostrow, in U.S. District Court for Central Illinois in Peoria, plaintiff Sarah Watkins dismissed (docket 1:23-cv-01015) without prejudice her suit against Henkel, claiming its Schwarzkopf hair care brand collects users’ facial geometry data with its virtual try-on feature, without their prior consent. In addition to injunctions preventing further collection of biometric identifiers without written release, plus written policies governing retention and deletion of biometric data, plaintiffs in both cases sought $1,000 per negligent violation, $5,000 per willful violation, or actual damages to be determined by the court.