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United States District Court for the Southern District of New York
December 5, 2022, Decided; December 5, 2022, Filed
OPINION AND ORDER
DENISE COTE, District Judge:
Paula Theriot and Cheryl Doyle bring this case under the Illinois Biometric Information Privacy Act ("BIPA") on behalf of themselves and others similarly situated. Defendant Louis Vuitton North America, Inc. ("LVNA") has moved to dismiss the complaint in its entirety pursuant to Rules 12(b)(1) and 12(b)(6), Fed. R. Civ. P. For the following reasons, the motion is granted in part.
The following facts are taken as true from the first amended complaint ("FAC"). LVNA is an international luxury brand that sells various products including eyewear. On its website, a consumer can see how a particular pair of glasses would look [*2] on their face using the website's "Virtual Try-On" feature. When a user of the website clicks the "Try On" button of a particular pair of glasses, the website activates the Virtual Try-On tool. This feature automatically activates the customer's computer or phone camera to show a live image of the customer "wearing" the selected glasses.
In addition to the real-time option for "trying on" eyewear, customers may upload a photograph of their face. Through this photo-upload option, the Virtual Try-On tool again places the pair of glasses in the correct place on the user's photograph.
The Virtual Try-On tool operates through an application created by a company called FittingBox, which is not a party in this case. LVNA's website incorporates FittingBox's proprietary technology to collect and process a user's facial geometry. A user's facial geometry data is extracted, combined with data necessary to show the glasses on the user's face, repackaged, and then sent back to the user's device. Through use of this technology, LVNA collects detailed biometric data including complete facial scans of the users of the Virtual Try-On tool.
LVNA does not inform its users that the Virtual Try-On tool will [*3] collect or store their facial geometry. LVNA also does not obtain the users' consent to collect or store this data. Finally, LVNA does not have a publicly available written policy setting out a retention schedule and guidelines for destroying any biometric identifiers or information after the initial purpose for collecting them has ended.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 U.S. Dist. LEXIS 218972 *; 2022 WL 17417261
PAULA THERIOT and CHERYL DOYLE, individually and on behalf of all others similarly situated, Plaintiffs, -v- LOUIS VUITTON NORTH AMERICA, INC., Defendant.
biometric, collection, identifiers, user's, facial, allegations, plaintiffs', website, scans, motion to dismiss, retention, particularized, geometry, entity, injury in fact, customer's, glasses