M.A.C. Cosmetics faces a lawsuit for violating consumer privacy. The cosmetics giant is facing a class-action lawsuit in Illinois for using virtual try-on technology for its products. Plaintiff Fiza Javid filed the class-action lawsuit against MAC Cosmetics Inc., alleging that the company violated state privacy laws by collecting biometric data without consent.
This lawsuit reminds us that MAC isn’t the only company using this technology
Javid claims that MAC violated the Illinois Biometric Information Privacy Act (BIPA) by collecting biometric data from consumers without their informed consent. This lawsuit reminds us that MAC isn’t the only company using this technology; some sunglasses brands, for example, offer virtual try-on options by activating the camera on laptops or smartphones. Ultimately, Javid wants to represent two classes of consumers—one for in-store consumers and one for online consumers, who were allegedly illegally subjected to MAC’s live try-on technology.
The plaintiff argues that MAC uses online try-on technology that scans biometric data
Fiza Javid alleges that her facial geometry was scanned without written consent and without being informed about how her data would be collected, used, or retained, requirements stipulated in BIPA. The plaintiff argues that MAC uses online try-on technology that scans, uses, and stores consumers’ biometric data while using an interface to “apply” products to customers’ faces in a livestreamed video. According to Javid, the law requires companies to obtain explicit written consent, disclose the purpose of the data collection, and detail data retention and destruction policies.
According to the class action lawsuit, MAC never informs consumers that the technology is capturing their personal identifying data
The lawsuit seeks to represent all Illinois residents whose biometric data was allegedly collected through the virtual try-on feature without proper notice or consent. According to the class action lawsuit, MAC never informs consumers that the technology is capturing their personal identifying data or obtains their permission to do so. Under BIPA, violations can result in fines of $1,000 for a negligent violation or $5,000 for a reckless or intentional violation. Attorneys’ fees would also be included.
Virtual try-on tools have gained popularity as a way to personalize purchases and boost online sales
This particular case once again brings to light the debate about technology and privacy. A topic META and Mark Zuckerberg know a thing or two about. Virtual try-on tools have gained popularity as a way to personalize purchases and boost online sales, but Illinois’ strict biometric privacy law continues to test the boundaries of what constitutes informed consent. In many cases, citizens prefer the convenience of doing this type of transaction online, placing an order, and having it delivered to their home, but they may not stop to consider the vast amount of information they are providing to brands, algorithms, or even individuals or hackers. To date, neither M.A.C. Cosmetics nor its parent company, Estée Lauder, have issued any official statement regarding this lawsuit.
Companies in the cosmetics and fashion industries may be forced to adjust their digital offerings to ensure consumer privacy and security
According to recent data, Illinois courts have increasingly allowed these cases to proceed, underscoring the high legal risk retailers face when implementing interactive digital experiences without robust compliance frameworks. As enforcement of the regulations expands, companies in the cosmetics and fashion industries may be forced to adjust their digital offerings to ensure consumer privacy and security. In this regard, experts note that companies have often argued that their tools do not use biometric data as defined by BIPA, or that consent was implied through online interactions. Therefore, before agreeing to a privacy or access policy, it’s best to read the fine print to avoid surprises.
