Living Proof’s Online Haircare Quiz Unlawfully Captures Illinois Users’ Facial Geometries, Class Action Lawsuit Claims

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Living Proof, Inc. faces a proposed class action lawsuit out of Illinois that alleges the company secretly and illegally obtains consumers’ face geometries through its online haircare quiz.

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The 19-page case claims the haircare company has violated the Illinois Biometric Information Privacy Law (BIPA) by capturing, storing and using residents’ facial geometries without first obtaining prior written consent and making the required disclosures.

The lawsuit says that Living Proof’s hair quiz uses AI and augmented reality technology to offer users personal hair assessments and product recommendations. According to the filing, consumers are required to take a selfie as part of this quiz.

“Each time a selfie is received, proprietary algorithms detect and capture from the photo a scan of the consumer’s unique facial geometry—such as the length, width, depth, and location of, as well as the distance and spacing between, various facial features or landmarks—as well as the consumer’s unique hair geometry,” the complaint explains.

This data is then used to generate a detailed report of the consumer’s hair-related characteristics, provide them with analysis results and identify products to recommend for purchase, the Living Proof lawsuit says.

Per the filing, the BIPA regulates how private entities can handle consumers’ biometric data, such as fingerprints, voiceprints, retina scans or facial geometries.

Under the BIPA, a company is required to inform individuals in writing that their biometrics will be collected or stored; provide written notice of the specific purpose and length of time for which their data would be collected, stored and used; and receive a written release from residents authorizing the collection of their biometric identifiers, the complaint relays.

Living Proof failed to meet any of these BIPA requirements, the suit alleges.

The plaintiff, an Illinois resident who took the haircare quiz on LivingProof.com, claims the company never informed her that it would capture and store her biometrics whenever she used the feature, much less ask her permission to do so or provide the requisite statutory disclosures.

“Вy capturing, collecting, obtaining, storing, and using [the plaintiff’s] unique biometric identifiers and biometric information without her prior informed written consent, [Living Proof] invaded [the plaintiff’s] statutorily protected right to privacy in and control over her biometrics,” the case contends.

The lawsuit looks to represent all individuals who, while residing in Illinois, had their biometric identifiers or biometric information collected, received or otherwise obtained by Living Proof in connection with the use of any hair quiz feature on any Living Proof website or platform.

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