A new class action lawsuit filed August 25, 2025, in Illinois state court alleges that MAC Cosmetics is illegally collecting, storing, and using Illinois consumers’ biometric data through its virtual makeup try-on technologies, without obtaining the informed and written consent required by state law. The case, Javid v. MAC Cosmetics, Inc. (2025-CH-08774), has ignited conversation about heightened privacy risks tied to the widespread use of facial scanning technology in retail settings.
Lawsuit Details and Technologies Involved
According to the complaint, MAC stores and its website deploy live-video and photo-based try-on tools that analyze each user’s facial geometry, which qualifies as “biometric information” under Illinois law. Shoppers are offered three ways to test virtual makeup:
- Granting real-time camera access for a “digital mirror” overlay,
- Taking a facial photo through MAC’s web interface, or
- Uploading an existing facial image for a virtual product application.
The lawsuit contends that at no point do…
MAC’s systems or staff inform customers about the data capture, nor do they obtain the express written consent mandated by the Illinois Biometric Information Privacy Act (BIPA).
Understanding BIPA: The Nation’s Strongest Biometric Privacy Law Enacted in 2008, BIPA is widely considered the strictest biometric privacy mandate in the US.
Key requirements for companies using biometric tech—such as facial geometry scans, fingerprints, or retinal imaging—include: Providing explicit written notice to individuals about data collection, Outlining data use, storage, and destruction policies, Obtaining written consent before collection or storage, and Giving individuals the right to sue for unauthorized collection or misuse.
Plaintiff Fiza Javid claims that MAC’s retail associates and digital platforms violate every stage of this law—failing to disclose the purpose of data collection, neglecting to issue a policy on storage or destruction, and never asking for permission before scanning shoppers’ faces…
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