While the Illinois Biometric Information Privacy Act (BIPA) remains one of the hottest areas of class action litigation today, many core issues underlying BIPA disputes remain unsettled and uncertain at this time. And as the recent decision by the Northern District of Illinois in Kukovec v. Estee Lauder Co., Inc., No. 22 CV 1988, 2022 U.S. Dist. LEXIS 202212 (N.D. Ill. Nov. 7, 2022) shows, courts are often in disagreement on many of these key matters—underscoring the need for compliance with the statutory requirements of the Illinois biometrics law.  

Plaintiff Kukovec used a makeup try-on tool (“VTO Tool”) on the website of Too Faced Cosmetics, owned by Estee Lauder. The plaintiff claimed that the VTO Tool collected her facial geometry in violation of Sections 15(a) and (b) of BIPA. Estee Lauder subsequently moved to dismiss the complaint based on (among other things) the existence of an agreement to arbitrate and failure to plead a cognizable claim.Continue Reading Recent BIPA Opinion Illustrates Continued Uncertainty Underlying Core Issues in Biometric Privacy Class Action Litigation