Biometric Facial Scan Class Action Lawsuit Filed Against Louis Vuitton North America

A class action lawsuit was filed against Louis Vuitton North America, Inc. in the U.S. District Court, Southern District of New York, on Friday, April 8, 2022. The lawsuit alleges that the luxury brand secretly collects complete facial scans of shoppers who use the brand’s website to virtually try on designer eyewear.

Louis Vuitton North America, Inc. (“LVNA”) is the North American subsidiary of LVMH Moët Hennessy – Louis Vuitton SE, “a multi-billion dollar company that has been characterized as ‘the world’s most valuable luxury brand.'” LVNA’s website includes a “Virtual Try-On” feature, allowing shoppers to see themselves in a pair of the brand’s designer eyewear. Users either enable their computer or phone camera to take a photo or upload a photo to the website in order to access this feature. The lawsuit alleges that LVNA collects biometric facial scans of users, without consent, when shoppers visit LVNA’s website to try on eyewear virtually.

The complaint alleges that LVNA collects biometric identifiers and information “without first obtaining [shoppers’] consent, or informing them that this data is being collected.” The complaint further alleges that LVNA does not disclose to shoppers that Virtual Try-On users have their biometric information and identifiers collected or stored. In addition, the website does not specify a purpose for the collection of biometric information or a schedule setting forth a length of time during which that information will be collected, stored, used, or destroyed.

The lawsuit alleges violations of the Biometric Information Privacy Act of 2008 (“BIPA”), which was passed by the Illinois General Assembly. BIPA requires that companies collecting biometric information “must obtain informed consent from consumers prior to collecting such data from them, and they must publicly disclose to consumers their uses, retention of, and a schedule for destruction of the biometric information or identifiers that they do collect.” BIPA further requires that companies collecting sensitive biometric information develop a publicly available written policy establishing a retention schedule and guidelines for permanently destroying biometric information.

The complaint requests relief in the form of liquidated damages of $1,000 per negligent violation, $5,000 per willful or reckless violation, or actual damages for each BIPA violation, an injunction requiring LVNA comply with BIPA, and attorneys’ fees and costs.

Additional Reading

LVMH Eyewear Virtual ‘Try-on’ Tool Draws Biometric Privacy Suit, Bloomberg (April 8, 2022)

Theriot v. Louis Vuitton North America, Inc. (Case No. 1:2022cv02944)

Complaint in Theriot v. Louis Vuitton North America, Inc.

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