Living Proof Illegally Collects Biometric Data With Hair Quiz, Lawsuit Alleges

Case Overview: A class action lawsuit claims Living Proof's Hair Quiz feature secretly collected and stored biometric data from users without consent, violating Illinois privacy laws.

Consumers Affected: Individuals in the State of Illinois who had their biometric identifiers or biometric information collected by Living Proof in connection with the use of any hair quiz feature.

Court: U.S. Circuit Court of Cook County, Illinois County Department, Chancery Division

Haircare brand Living Proof is in hot water over allegations that it secretly collected and stored biometric data from consumers without their consent. A new lawsuit accuses the company of violating the Illinois Biometric Information Privacy Act (BIPA) by capturing users’ facial geometry through its online Hair Quiz Feature without informing them or obtaining written permission. 

The complaint, filed by Illinois resident Giselle Rodriguez, claims that thousands of unsuspecting users had their biometric data harvested in direct violation of the state’s strict privacy laws.

Living Proof Hair Quiz Allegedly Collects Biometric Data

Rodriguez alleges that she used Living Proof’s Hair Quiz Feature on the company’s website from her mobile device in Illinois. To receive a personalized hair assessment and product recommendations, she was required to take a real-time photograph of her face. However, the lawsuit claims that Living Proof failed to notify her that this process involved scanning and storing her unique facial geometry.

According to the complaint, proprietary algorithms analyzed Rodriguez’s facial structure, measuring the distance and spacing between various features to generate a hair profile. Additionally, Living Proof required her to provide personal details such as her name, age, and email address before delivering her product recommendations. The lawsuit alleges that at no point did the company disclose that it was capturing, storing, and using her biometric information, nor did it obtain her written consent as required under BIPA.

Lawsuit Claims Violation of Illinois Biometric Privacy Act (BIPA)

Unlike other forms of personal identification, biometric data—such as facial scans, fingerprints, and iris patterns—is unique and cannot be changed if compromised. Illinois enacted BIPA in 2008 to protect residents from the potential misuse of this sensitive information. Under the law, companies must:

• Inform individuals in writing that their biometric data is being collected and stored.
• Explain the specific purpose and duration for which the data will be used.
• Obtain written consent before collecting biometric information.

Failure to comply with these requirements can lead to steep penalties: companies found guilty of negligent violations may be fined $1,000 per infraction, while intentional or reckless violations carry fines of up to $5,000 per incident. The lawsuit argues that Living Proof’s failure to follow these legal mandates denied users control over their biometric data and increased their risk of identity theft.

A Growing Wave of Privacy Lawsuits

Living Proof is far from the only company facing legal challenges over privacy concerns. In a separate lawsuit, Nestlé has been accused of violating Illinois’ Genetic Information Privacy Act (GIPA) by allegedly requiring job applicants to disclose family medical histories without proper consent. Similarly, Compass Group USA is being sued for allegedly gathering genetic information from employees during pre-employment physical exams.

Beyond employment-related cases, consumer-facing companies have also come under scrutiny. Popular photo storage platform Photobucket is facing a class action lawsuit for allegedly repurposing billions of user-uploaded images for artificial intelligence training without user consent. Even Krispy Kreme has been hit with a lawsuit, with claims that it unlawfully collected and stored employee biometric data without the required disclosures.

In her lawsuit, Rodriguez wants to represent in the State of Illinois who had their biometric identifiers or biometric information collected, captured, received or otherwise obtained by Living Proof in connection with the use of any hair quiz feature. 

Case Details

• Lawsuit: Rodriguez v. Living Proof, Inc. 
• Case Number: 2025CH02910
• Court: U.S. Circuit Court of Cook County, Illinois County Department, Chancery Division

Plaintiffs' Attorney:

• Keith J. Keogh and Theodore H. Kuyper (Keogh Law LTD.)
• Scott D. Owens and Mathew Bobulsky (Scott D. Owens P.A.)
• John R. Habashy (Lexicon Law)

Have you used Living Proof's Hair Quiz feature? What are your thoughts on this lawsuit? Share your experience in the comments below.