MAC Cosmetics is at the center of a major legal battle after a class action lawsuit was filed in Illinois state court by plaintiff Fiza Javid on August 25, 2025, who alleges that MAC Cosmetics Inc. violated the Illinois Biometric Information Privacy Act (BIPA) by collecting consumers’ biometric data without informed consent.
MAC Cosmetics Class Action at a Glance
On August 25, 2025, Fiza Javid filed the suit (Javid v. MAC Cosmetics Inc., Case No. 2025-CH-08774) in the Circuit Court of Cook County, Illinois, Chancery Division. Javid claims that MAC’s live-video try-on technology—both in stores and online—scans and uses consumers’ geometric facial data without their express authorization. The lawsuit seeks to represent two classes: one for in-store Illinois consumers and another for those who used the technology online.
According to the complaint, MAC Cosmetics uses live-video try-on technology that scans and uses consumers’ geometric facial data without their informed consent. The technology creates a live-stream or allows users to upload images to try on cosmetics virtually, yet never informs consumers that it is capturing, storing, or analyzing their biometric identifiers.
The suit alleges that each time a sales associate uses this device or an online shopper interacts with the system, MAC violates BIPA, which requires written consent and a published data policy for collecting and storing biometric data.
What Does BIPA Require—And How Was It Allegedly Violated?
The Illinois BIPA, enacted in 2008, is one of the strictest biometric privacy laws in the nation. It requires companies to:
- Inform individuals in writing about data collection
- Obtain written consent before capturing or storing biometric data.
- Outline data storage/destruction policies publicly.
The MAC class action lawsuit contends that MAC captures and collects biometric identifiers and information without ever obtaining informed consent from consumers, and also fails to inform consumers about the collection or disclose a data retention/destruction policy. Neither did MAC, according to the suit, ever provide a policy governing storage or deletion of facial geometry data from in-store or online try-on sessions.
The Legal Stakes and Damages Sought
Fiza Javid demands a jury trial and seeks statutory damages of $5,000 for each reckless or intentional violation of BIPA, along with attorney fees and further equitable relief as the court deems necessary. Under BIPA, negligent violations could also result in damages of $1,000 each.
The case could potentially impact thousands of Illinois consumers who interacted with MAC’s try-on tech in brick-and-mortar stores or via the website between the adoption of the technology and the August 2025 filing.
The Rise of Biometric Privacy Lawsuits
This case is part of a broader legal wave in Illinois, the nation’s leader in biometric data privacy. Retailers such as Charlotte Tilbury, Estée Lauder, L’Oréal, Decorté, Walmart, and Target have all faced or settled similar lawsuits regarding the collection and storage of facial recognition or biometric information without consumers’ knowledge or consent.
For example, in February 2025, Charlotte Tilbury settled a BIPA suit over comparable virtual try-on claims, indicating the high financial risks companies face for non-compliance.
Innovation vs. Regulation
Digital innovation in retail—especially features like virtual try-on technology—offers enhanced shopping experiences. However, this lawsuit illustrates the friction between personalization and privacy regulation. Illinois courts have signaled a readiness to let BIPA cases proceed even if no identity theft or obvious harm occurred, recognizing mere technical violations (such as failure to get proper consent) as actionable.
The complaint against MAC Cosmetics emphasizes: Nowhere in this process do MAC’s program or its retail employees ask the customers for any sort of consent to collect their biometric data, including the written consent required in Illinois. This assertion takes direct aim at compliance failures, not the merits or usefulness of the technology itself.
Next Steps and Industry Impact
MAC Cosmetics and parent company Estée Lauder have so far not responded publicly to the lawsuit. If successful, the case could change how virtual try-on tools are implemented, requiring stronger consent mechanisms, public data policies, and better communication with consumers about how their sensitive information is handled.
Legal analysts expect more class actions as biometric-enabled tools proliferate. Shopping personalization may soon have much clearer consent flows—with every customer fully informed and empowered.
Legal Representation
The plaintiff,Fiza Javid ,is represented by Karl Gwaltney of Maginnis Howard, Keith Keogh, and Theodore Kuyper of Keogh Law Ltd.
The case title is Javid v. MAC Cosmetics Inc., Case No. 2025-CH-08774, in the Circuit Court of Cook County, Illinois, Chancery Division.
Final Thoughts
This class action represents a pivotal test of how far Illinois’ BIPA protections will reach as technology continues to reshape retail experiences. Whatever the outcome, it stands as a reminder for all brands: innovation and privacy must go hand in hand.
