Oral-B “Smart” Toothbrush Allegedly Collects Biometric Data Without Consent, Says Class Action Lawsuit

A proposed class action claims that The Procter & Gamble Company violated a state biometric privacy law by collecting the facial geometry of Illinois residents via its Bluetooth-connected Oral-B iO 7G smart toothbrush.

Illinois BIPA Prohibits Private Entity Collection of Biometric Information from Residents

The plaintiff alleges that P&G’s Oral-B iO Series 7G toothbrush and associated app captured users’ facial geometry in violation of the Illinois Biometric Information Privacy Act (BIPA). 

The company failed to provide mandatory disclosures or acquire consent as required by the state of Illinois’s BIPA. According to the lawsuit, neither the plaintiff nor other users were aware of or consented to P&G’s collection of biometric data via the Oral-B iO 7G smart toothbrush and app, which scans a user’s face and facial geometry to study brushing habits and provide feedback.

The Oral-B iO 7G Toothbrush BIPA Class Action Lawsuit , filed on October 26 in Cook County Circuit Court, claims that the BIPA was established to safeguard Illinois individuals’ biometric information from unauthorized utilization by private entities. According to the case, the BIPA prevents private entities like Proctor & Gamble from gathering or storing biometric information about Illinois residents, such as fingerprint, retina, or facial scans, provided they first:

• Notify a consumer in writing that their biometric information will be gathered and stored;
• Make a consumer aware of the purpose and duration of the gathering or storage of the biometric data;
• Receive the individual’s written release to the collection of their personal biometric information; and
• Publish a publicly accessible data retention policy and recommendations for data disposal.

According to the Oral-B iO 7G Toothbrush BIPA Class Action Lawsuit , the Oral B iO Series 7G toothbrush app includes “position detection technology” that utilizes the user’s smartphone camera to capture information regarding their facial geometry and allows the toothbrush and app to identify which zone of the mouth is being brushed. The case relays that this facial geometry information is then used to evaluate the consumer’s toothbrushing behaviors, provide feedback, and generate reports.

Jan Gamboa v. The Procter & Gamble Company

Jan Gamboa, the lead plaintiff, claims that Procter & Gamble never told him in writing that his biometric data would be collected, stored, utilized, or disclosed to a third party, like the German facial recognition vendor to which the defendant allegedly transfers brushing data. Additionally, the suit asserts that the plaintiff never consented to the biometric data collection, as well as the disclosure of the data to a third-party vendor.

P&G is also accused of failing to disclose a written policy on the storage of biometric data, as well as a plan outlining how and when the data will be destroyed.

According to the case, the plaintiff is still unaware of the condition of the biometric information received by the defendant, which claims that P&G has violated the user’s right to biometric privacy.

The Oral-B iO 7G Toothbrush BIPA Class Action Lawsuit seeks to cover anyone whose biometric information was captured, collected, stored, used, transferred, or distributed by or on behalf of The P&G Company within Illinois’s appropriate statute of limitations.

Gamboa is seeking $5,000 for every violation of BIPA by the defendant and $1,000 for every negligent violation. In addition, he is seeking class certification, injunctive relief, monetary damages, attorney’s fees, and costs, and interest, as well as a jury trial.

Editor’s Note on Oral-B iO 7G Toothbrush BIPA Class Action Lawsuit:

This article is written to inform you of a lawsuit against P&G’s collection of biometric data via its Oral-B smart toothbrush, an alleged violation of BIPA. Similarly, we also suggest you the Crest Charcoal Toothpaste Lawsuit.

Case Name & No.: Jan Gamboa v. The Procter & Gamble Company, Case No. 2021CH05459

Jurisdiction: Circuit Court of Cook County, Illinois County Department, Chancery Division

Allegations: P&G collected biometric data through its Oral-B 7G smart toothbrush and app without the users’ consent, an alleged violation of BIPA

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(PC – Oral-B)