Living Proof Inc., a hair care brand, is facing a class action lawsuit in Illinois over allegations that it violated the state’s Biometric Information Privacy Act (BIPA) by collecting and storing biometric data through its online Hair Quiz and Haircare Advisor applications without proper notice or consent.
The lawsuit, filed last month in the Circuit Court of Cook County, was brought by Illinois resident Giselle Rodriguez. According to court filings, Rodriguez used the Hair Quiz feature, which relies on artificial intelligence and augmented reality to analyze selfies and generate personalized hair care recommendations. She alleges that the platform scanned and stored facial geometry data from uploaded photos without disclosing this use or obtaining informed consent.
Under BIPA, private entities must provide written notice explaining how biometric data is being collected and used, disclose retention and deletion policies, and obtain written consent before capturing any such data. Rodriguez claims that Living Proof failed to meet these legal obligations. Her lawsuit seeks to represent a class of thousands of Illinois residents and requests statutory damages of $5,000 per intentional or reckless violation, or $1,000 per negligent violation.
However, recent amendments to BIPA—passed in 2024—limit potential damages by specifying that repeated biometric data collection from the same individual counts as a single violation. While these changes could significantly reduce the financial impact for companies like Living Proof, it remains unclear whether the amendments apply retroactively to cases filed before their enactment. This ambiguity could be a key factor in the court’s eventual decision.
The lawsuit also reflects growing public concern over biometric data collection and the risk of identity theft or unauthorized data use. Biometric data, such as facial geometry, is considered highly sensitive because it is unique and cannot be changed if compromised. This is why BIPA imposes strict requirements and why Illinois has seen a sharp rise in litigation in recent years.
In February, the Illinois courts ruled that insurers are not obligated to cover BIPA violations, exposing companies to direct liability and adding urgency for businesses to review their compliance measures. Prior BIPA lawsuits have led to substantial settlements, including Facebook’s $650 million payout and a more recent $2.9 million settlement by Charlotte Tilbury Beauty over similar facial geometry scanning allegations.
Sources: Top Class Actions, Illuminate Labs
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April 10, 2025 – by the ID Tech Editorial Team
