Ulta And Mary Kay Collected Customer’s Facial Biometric Information Without Prior Consent
Beauty companies Ulta and Mary Kay are accused of illegally collecting and keeping their customers’ facial photographic information without asking for prior permission in a recent class action lawsuit.
Beauty Industry Titans Violate Illinois’s Biometric Protection Statute
Plaintiff Fiza Javid sued Ulta after the company allegedly used its official site and other beauty-related programs to collect their customers’ facial photos without obtaining prior consent.
Fiza shared that Ulta utilizes its different tools ranging from their official website to the Glam Lab software the company first launched more than four years ago.
Ulta used Glam Lab to let its customers virtually try out how they would look with make-up using the software’s smart technology.
It has come to the point that Ulta officially acquired the Glam Lab software and improved it for it to become more advanced. Now, it is reported that Ulta customers can not only try out their looks with make-up on, but they can also use Ulta’s Glam Lab to see what they would probably look like with different hair colors and the like.
Meanwhile, complainant Marvalace Garrett contended in the latest litigation that Mary Kay uses their websites to scan and store site visitors’ facial biometric data without the owners’ express consent.
Garrett argued that the acts conducted by the two make-up companies are equal to violations of the Biometric Information Privacy Act or BIPA in effect in the state of Illinois.
Class Action Brief
Both class actions filed by Fiza Javid and Marvalace Garrett shared similar arguments – that the two companies failed to properly inform their customers of the collection of their facial data and how they are going to be used and maintained.
The Ulta And Mary Kay BIPA Class Action Lawsuits are seeking to implicate the two beauty companies for their alleged violation of consumer’s privacy rights as guaranteed by Illinois’ BIPA.
As of writing, the details of the class action lawsuits are still scarce, but the two are demanding Ulta and Mary Kay to pay up for the damages and each count of violation perpetrated.
Both Javid and Garrett are looking to form separate Class groups that are aiming to represent affected Illinois customers of both Mary Kay and Ulta.
About The Defendants
Ulta and Mary Kay are the two beauty companies involved in the latest set of litigations filed in an Illinois court.
Touted as the United States’ largest retailer for beauty and personal care products, Ulta is known to offer a large variety of products catering to a wide demographic on their stores and online shop. The company has more than a thousand locations spread across the country. Ulta tallied revenue of more than $4 billion in 2016 per publicly available records.
On the other hand, Mary Kay is a beauty-centered multi-level marketing company founded in 1963 by Mary Kay Ash. According to online reports, Mary Kay is the world’s sixth-largest networking company, with sales amounting to more than $3 billion in 2018.
Editor’s Note on Ulta And Mary Kay BIPA Class Action Lawsuit 2021:
This feature reports on the two separate legal cases filed against beauty industry behemoths Ulta and Mary Kay after both allegedly violated Illinois’s BIPA when they gathered their customers’ facial biometric information without asking for their consent.
Case Name(s) & No.(s): Fiza Javid v. Ulta Beauty, Inc. and Marvalace Garrett v. Mary Kay Cosmetics, Inc.; Case Nos.: 2021-CH-03109 and 2021-CH-03124, respectively
Jurisdiction: Circuit Court of Cook County, Illinois Chancery Division
Products/Services Involved: BIPA
Allegation(s): Mary Kay and Ulta have transgressions against the law for collecting, storing, and using their customer’s biometric information without prior authorization.
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