The BFKN Litigation Group served as counsel to Christian Dior, Inc. (Dior), securing a victory for Dior in a proposed class-action lawsuit claiming violation of the Illinois Biometric Information Privacy Act (BIPA). This represents an important victory for the increasing number of eyewear companies targeted for suit based on virtual try-on technology.
Last August, plaintiff Delma Warmack-Stillwell sued Dior, contending that the company violated BIPA based on use of a virtual eyewear try-on tool hosted on Dior’s website. Last month, Judge Elaine Bucklo of the U.S. District Court for the Northern District of Illinois granted a motion to dismiss the complaint on the basis that Dior's conduct falls within BIPA's statutory "healthcare" exemption.
BFKN's legal team was led by Robert E. Shapiro, Maile Hitomi Solís, Connor T. Gants, and David B. Lurie.
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