Fri.Feb 17, 2023

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Court Rules that BIPA Health Care Exemption Applies to Sunglasses Virtual Try-On Tool

Hunton Andrews Kurth

On February 10, 2023, an Illinois federal district court ordered the dismissal of a putative class action lawsuit alleging that an online tool that allowed users to virtually try on sunglasses violated the Illinois Biometric Privacy Act (“BIPA”). In Delma Warmack-Stillwell v. Christian Dior Inc. , the plaintiff sued French luxury brand Dior, and alleged that it violated (1) Section 15(b) of BIPA by failing to provide notice and to obtain consent when collecting her biometric information; (2) Se