A federal district court in New York has refused to dismiss a putative class action lawsuit filed under the Illinois Biometric Privacy Act against fashion designer Louis Vuitton in connection with its website’s “Virtual Try-On” eyewear feature.
Illinois residents Paula Theriot and Cheryl Doyle alleged that the Paris-based luxury fashion designer, whose U.S. headquarters are in New York, violated BIPA by collecting customers’ “facial geometry” information through its fitting tool without giving them written notice of the collection , its purpose and its duration, according to Monday’s ruling by the US District Court in New York i Paula Theriot and Cheryl Doyle v. Louis Vuitton North America Inc.
The court said that while the website̵7;s technology was developed by another company that is not a party to the litigation, “at bottom” the exact roles of the types of data each company receives are “questions of fact to be resolved later in the litigation.”
The court agreed to dismiss a charge that the company had violated BIPA by not having a written biometrics policy, ruling that the plaintiffs “have failed to allege a particular injury.”
Attorneys in the case did not respond to requests for comment.
In October, a U.S. District Court in Seattle dismissed a putative class-action lawsuit filed by Chicago residents against Microsoft Corp. and Amazon.com Inc., accusing them of violating BIPA, in similar rulings.
Meanwhile, in Illinois, observers await Illinois Supreme Court rulings on whether each unauthorized fingerprint scan amounted to a separate violation of the statute, and whether a one- or five-year statute of limitations for privacy actions applies.