Svoboda v. Amazon.com Inc.

Plaintiffs filed a lawsuit alleging that the defendants’ “virtual try-on” feature that allowed users to test facial products like lipstick violated the Illinois Biometric Information Privacy Act through its capture and use of facial data. The district court certified a class of users within the state of Illinois and defendants filed an interlocutory appeal challenging that certification ruling. The Seventh Circuit affirmed, finding that the district court did not abuse its discretion in finding that users of the product lacked sufficient incentive to bring individual lawsuits. (ROVNER and HAMILTON, concurring)