Class Action Lawsuit Claims Wombo AI Apps Collected, Shared Illinois Users’ Face Scans Without Consent

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A proposed class action lawsuit alleges artificial intelligence (AI) app developer Wombo Studios, Inc. has violated an Illinois privacy law by collecting, storing, using and disclosing residents’ facial scans without permission.

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According to the 28-page privacy lawsuit, the Canadian company’s web and mobile apps include Wombo – Make Your Selfies Sing, Wombo Dream – AI Art Generator, and Wombo Me – AI Avatar Maker. Per the suit, these apps capture, store, utilize and share users’ biometric information with unrelated third parties, including Amazon Web Services, despite failing to obtain consent before doing so.

The case claims Wombo’s conduct has breached Illinois’ Biometric Information Privacy Act (BIPA), a state law enacted to protect consumers from the misuse of their sensitive biometric data.

As the complaint tells it, Wombo’s AI-based apps allow users to generate art based on photos of their faces, make a video of themselves singing or create an avatar that resembles them. Once a user uploads a selfie in one of the apps, the software scans and stores their facial geometry, the filing says. The consumer’s biometric information is then used to apply the app’s features, the lawsuit adds.

However, the suit charges that Wombo has directly violated the BIPA’s requirements by failing to inform Illinois users of its biometric data collection practices and publish guidelines that detail how long the information will be stored and when it will be permanently deleted.

In addition, the case contends the defendant has unlawfully disseminated Illinois users’ biometric data to third parties without obtaining informed written consent.

The complaint argues that Wombo’s allegedly illegal conduct has put the personal information of thousands of Illinois residents at risk.

“If [Wombo’s] database of users’ face geometry were to fall into the wrong hands, by data breach or otherwise, individuals to whom these sensitive biometric identifiers belong could have their identities stolen or their financial and other highly personal information breached and used for nefarious purposes,” the filing stresses.

The Wombo app privacy lawsuit looks to represent any Illinois residents whose facial geometry was collected, obtained, stored, used and/or disclosed to third parties by the company within the state.

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