The Estée Lauder Companies and several of its brands, including Bobbi Brown, Smashbox and Too Faced, have successfully dodged a proposed class action which claimed its virtual “try-on” tool with facial-scanning technology violated Illinois’ biometric privacy law.
 
A judge declared that the plaintiffs provided no proof that the company could connect facial scans to customers’ identities.

About the Lawsuit

The lawsuit accused Estée Lauder and its brands of failing to warn customers that their biometric information would be collected when they used tools on the companies’ websites that allow people to submit a photo or use a live camera feed to virtually “try on” cosmetics. The lawsuit also named Perfect Corp, the company that makes the technology in question.
 
U.S. District Judge Lindsay Jenkins said the four customers who brought the lawsuit hadn’t shown how Estée Lauder could connect the facial scans the virtual try-on widgets collect to a person’s actual identity.
 
She also dismissed Perfect from the lawsuit, saying the company lacked sufficient ties to Illinois to be sued there.