The Lip Bar’s ‘Virtual Try-On’ Tool Unlawfully Captures Illinois Users’ Facial Scans, Class Action Claims

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The Lip Bar, Inc. faces a proposed class action that alleges the cosmetics company has failed to obtain Illinois consumers’ consent before collecting their face geometry data through its online “virtual try-on” feature. 

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The 12-page case was filed by an Illinois consumer who used the virtual try-on tool on TheLipBar.com in 2022 to see what she would look like wearing certain lipstick and makeup products she was interested in. The lawsuit alleges that, in violation of the Illinois Biometric Information Privacy Act (BIPA), The Lip Bar’s tool secretly scans users’ facial geometry without their knowledge or authorization.

The complaint explains that when a consumer views a product on TheLipBar.com, the defendant invites them to “try on” the makeup by clicking a link that says “LIVE CAMERA,” which automatically activates the user’s computer webcam or smartphone camera so they can view the product applied to their face in real time. If a consumer does not wish to have their camera activated, they can click a link that says “UPLOAD PHOTO” to see the makeup applied to a picture of their face, the filing explains.

Under the BIPA, a company must obtain written consent before collecting, using or storing an individual’s biometric identifiers, which include fingerprints, voiceprints, hand scans and facial geometry, the suit says. Companies are also required to inform individuals in writing “of the specific purpose and length of term for which a biometric identifier or biometric information is being collected, stored, and used,” the case adds.

Per the complaint, The Lip Bar does not inform users that their biometric identifiers are being collected as they use the try-on feature, nor does the company disclose to consumers why the try-on feature collects their biometric data or how long it keeps those scans in its possession.

“Furthermore, Defendant lacked a publicly available written policy establishing a retention schedule and guidelines for permanently destroying biometric identifiers or biometric information obtained from consumers, as required by BIPA,” the case charges.

The lawsuit seeks to cover anyone in Illinois whose biometric identifiers were captured by The Lip Bar through the virtual try-on feature on TheLipBar.com.

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