LVMH eyewear virtual 'try-on' tool draws biometric privacy suit

[PLEASANT HILL] Luxury giant LVMH's North America unit was accused in a lawsuit of unlawfully collecting biometric data about shoppers who use its online tool to virtually "try on" sunglasses and frames.

The company "collects detailed and sensitive biometric identifiers and information, including complete facial scans, of its users through the Virtual Try-On tool, and it does this without first obtaining their consent, or informing them that this data is being collected", according to the proposed class-action lawsuit filed Friday (Apr 9) in Manhattan.

Representatives of Louis Vuitton North America did not immediately respond to requests for comment.

Shoppers looking at sunglasses or frames on LVMH's website are offered the option of using the Virtual Try-On tool. The tool turns on the customer's webcams and creates a live video of the person wearing the eyewear they selected.

The data collected by the tool is translated into computer code and sent to an outside server, where it is collected and stored, according to the suit.

The complaint cites the Illinois Biometric Privacy Protection Act, which prohibits collecting and storing biometric data without consent and carries fines of US$1,000 to US$5,000 per violation.

The case is Theriot v Louis Vuitton North America, 22-cv-02944, US District Court, Southern District of New York (Manhattan). BLOOMBERG