Virtual Try-On Feature on Pandora.net Collects Biometric Data, alleges BIPA Class Action
A recent BIPA class action claims Pandora Jewelry’s “Virtual Try-on” feature illegally collects, stores, and uses the facial biometric data of Illinois consumers without their consent.
According to the 16-page complaint, Pandora Jewelry, the third largest jewelry retailer in the United States, violated the Illinois Biometric Information Privacy Act (BIPA). Pandora.net allegedly failed to obtain express written permission before capturing and retaining users’ facial geometries, features, and expressions.
Customers can upload photos of themselves to try on jewelry using the Virtual Try-on feature. Certain jewelry products on Defendant’s website have a feature called “Try It On”. This link prompted users to take a selfie with their phones.
“The Virtual Try-On feature then captures their facial geometry in order to determine how best to place jewelry objects such as necklace and earrings.”
Gielow v. Pandora Jewelry LLC and Pandora Ecomm LLC, Case No. 2022CH11181
BIPA prohibits collection or use of Illinois residents’ biometric data without their prior consent
BIPA requires private entities to obtain informed written consent before collecting, using, or storing biometric identifiers. The complaint alleges that Pandora’s privacy policies conceal the fact that the company tracks users’ biometric data. Additionally, many website visitors never agreed to the privacy policy and hence never consented to biometric data collection.
Furthermore, the BIPA requires businesses to publish a retention schedule for permanently destroying consumers’ biometric data. Disclosing “specific purpose and length of term for which such biometric identifiers or information are being collected, stored, and used.”
BIPA Class Action seeks to secure remedy for all Illinois residents affected by Pandora
The lawsuit claims Pandora violated the BIPA by not complying with the BIPA’s disclosure and consent requirements. In 2021, Pandora’s third-party partner yRuler admitted to storing biometric data “for a short period of time,” alleges the complaint.
The lawsuit seeks to represent Illinois residents whose biometric data was captured, collected, received, or used by Pandora Jewelry. The proposed class includes any Illinois resident who used Pandora.net’s Virtual Try-on feature and took a picture of their face.
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What could this class action mean to you?
If you are an Illinois resident who used Pandora’s Virtual Try-on feature, you are eligible to be a class member.
An Illinois resident who used a similar feature on any website, may have a potential BIPA claim. Many business use such features to provide a better online shopping experience to users. And often without disclosing their biometric data collection practises to the consumers, and risking their users’ biometric data privacy.
The complaint raises serious allegations about Pandora, and other company’s data collection practices. Consumers have a right to be informed. Some consumers may have used Virtual Try-on more carefully if they knew their biometric data would be exposed.
Are other businesses also collecting your biometric data, possibly without consent? Read our investigation on how your Biometric Data Privacy might be at risk and how the laws can help you in securing your biometric data privacy.
BIPA Class Actions are bringing a variety of biometric data collection practices under the scanner
Another set of BIPA Class Actions are being filed against large store chains, like Walmart and 7 Eleven. Specifically, these complaints are accusing the stores of collecting shoppers’ facial biometric data using the security cameras in the stores. Again without any notice or consent.
Now that many businesses use biometric time keeping systems which require employees to scan their fingerprints to clock-in or clock-out. If done without prior written consent, this may violate BIPA. Specifically, this particular violation has been the subject for a series of BIPA class actions over the past few years.
Similarly, we interact with various other businesses which collect and use our biometric information for authentication, or authorization. Often without our consent, or without making all the necessary disclosures and policies to handle such sensitive user data.
If you are an Illinois resident, the BIPA could offer a remedy to you. Even you may be eligible to collect money as a class member. Or if you are aware of any business which may have collected your biometric information without your consent, you even file a class action under BIPA and represent a class of all affected consumers.
You can also secure your Biometric Data Privacy
If you have used a “Virtual Try-on” feature on any website, and taken pictures of your face, they may have stored your facial biometric data as well. Your biometric privacy may be at risk.
Illinois’ Biometric Information Privacy Act allows affected consumers to recover up to $5,000 for each instance of violation they suffered.
Similarly, other states have also enacted laws to protect their residents’ biometric data privacy, like California’s CCPA and CPRA.
We can help you investigate your potential BIPA claims. Please contact us to consult a class action lawyer at ClassActionNews today.
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