THE WHAT? A US federal court has allowed a proposed class action lawsuit against MAC Cosmetics to proceed, with the retailer accused of collecting consumers’ facial geometry data through its virtual makeup try-on technology without obtaining the consent required under Illinois biometric privacy law.
THE DETAILS The lawsuit alleges that MAC’s in-store and online virtual try-on tools scan users’ facial features to create digital makeup simulations. According to the complaint, the technology captures and uses facial geometry data without providing written disclosures, obtaining informed written consent, or publishing a biometric data retention and destruction policy as required under the Illinois Biometric Information Privacy Act (BIPA). The plaintiff seeks to represent Illinois consumers who used the virtual try-on technology either in stores or online. A federal judge recently rejected MAC’s attempt to dismiss the case, finding that the plaintiff had plausibly alleged that the company collected biometric data through the technology.
THE WHY? The case highlights increasing legal scrutiny of augmented reality and virtual try-on tools used by beauty brands. The outcome could influence how cosmetics and retail companies deploy facial scanning technologies, particularly regarding transparency, consumer consent and compliance with biometric privacy regulations.
Source: Courthouse News
