On September 8, 2022, an Illinois federal judge dismissed with prejudice a Biometric Information Privacy Act (Privacy Act or BIPA) class action against an online eyewear retailer over its virtual try-on (VTO) tool, which consumers used to try-on eyewear.
On September 8, 2022, an Illinois federal judge dismissed with prejudice a Biometric Information Privacy Act (Privacy Act or BIPA) class action against an online eyewear retailer.
An Illinois judge found the Biometric Information Privacy Act does not regulate virtual eyewear try on tool because it falls under the Privacy Act’s health care exemption. The judge explained seeking eyewear is a form of health care because it maintains physical wellbeing.