Zenni Eyes Arb. In 'Virtual Try-On' Biometric Privacy Suit

By Hannah Albarazi (September 9, 2021, 7:56 PM EDT) -- Zenni Optical told an Illinois federal court Wednesday that a putative class claim alleging the online eyeglass retailer's "virtual try-on" feature violates the state's Biometric Information Privacy Act must be compelled to arbitration because the consumer behind this and four other similar suits agreed to arbitration simply by visiting Zenni's website. 

Sherry Cruz, an Illinois resident who brought separate putative class actions against California-based online retailer Zenni, Ulta Beauty Inc., EyeBuyDirect Inc., MAC Cosmetics Inc. and Glasses USA Inc. earlier this year, is seeking to stop the companies' allegedly unlawful collection, use, storage and disclosure of her and other Illinois residents' private...

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