Not legal advice. This guide is general information, written by a software company, not a law firm. Laws and cases change. Talk to your own counsel about your store.
Why try-on is in scope
Camera-based try-on finds the shape and position of a shopper's face so the frames can follow it. BIPA's definition of a “biometric identifier” includes a scan of face geometry, and several lawsuits have argued that virtual try-on tools collect exactly that.
Source: Biometric Information Privacy Act, 740 ILCS 14 (opens in a new tab)
What BIPA requires
For a private business that collects or holds biometric identifiers, the Act requires:
- A public written policy with a retention schedule and guidelines for permanently destroying the data (section 15(a)).
- Notice and a written release before collection: tell the person in writing that the data is collected, why and for how long, and get their written release first (section 15(b)).
- No selling or profiting from the data (section 15(c)).
- Limits on disclosure to others without consent (section 15(d)).
- Reasonable care when storing, transmitting and protecting it (section 15(e)).
Statutory damages
People can sue directly. The Act provides liquidated damages of $1,000 per negligent violation and $5,000 per intentional or reckless violation (or actual damages, if greater), plus attorneys' fees (section 20).
The 2024 amendment
In August 2024 Illinois amended BIPA. Repeated collection of the same biometric data from the same person by the same method now counts as a single violation for damages, and an electronic signature counts as a written release.
Source: Illinois BIPA amended for damages (2024 amendment) (opens in a new tab)
Recent virtual try-on cases
- Svoboda v. Amazon.com: a class of Illinois users of Amazon's virtual try-on feature was certified. The Seventh Circuit issued its decision in the case on 17 December 2025 (No. 25-1361). Source: Svoboda v. Amazon.com, Inc., 7th Cir. No. 25-1361 (17 December 2025) (opens in a new tab)
- Clements v. Gunnar Optiks: on 10 July 2026 the Seventh Circuit revived a proposed class action over an eyewear brand's virtual try-on tool (No. 25-1890). According to law-firm summaries, the decision also narrowed how BIPA's health-care exemption applies. We have not read the opinion directly. Sources: Seventh Circuit revives Illinois biometric privacy class action against Gunnar Optiks (opens in a new tab) ; Seventh Circuit narrows BIPA health care exemption (opens in a new tab)
- Marino v. Gunnar Optiks, 2024 IL App (1st) 231826: an earlier Illinois Appellate Court decision about a virtual try-on tool from the same eyewear company. Source: Marino v. Gunnar Optiks, LLC, 2024 IL App (1st) 231826 (opens in a new tab)
A checklist for eyewear merchants
- Show a clear consent screen before the camera opens, and keep the camera off until the shopper accepts.
- Say in plain words what is processed, why, where, and for how long.
- Publish a written retention and destruction policy.
- Prefer processing on the shopper's device, and do not store face data or images.
- Keep a record of each consent decision and the notice version shown, without face data.
- Check your vendor contracts: what the try-on provider receives, keeps and shares.
- Decide whether to switch try-on off in some states or countries.
- Review the notice, policy and contracts with your counsel before launch.
Other states and countries have their own biometric and privacy rules. This guide covers only Illinois.
How Trialhood approaches this
Trialhood shows a consent screen before any camera request, runs face tracking in the shopper's browser, logs only the decision and the notice version, gives you editable notice and retention templates, and can switch try-on off by state or country. Consent-first by design. Review with your counsel. See the data flow.
Sources checked on 17 October 2026.
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