Amazon Fails to Shed Class Status in Virtual Try-On Privacy Suit

Amazon.com Inc. couldn’t convince a federal appeals court to undo class certification in a lawsuit alleging its virtual try-on feature violated an Illinois privacy law.

The lower court didn’t abuse its discretion in finding common questions predominated over individual location issues, the US Court of Appeals for the Seventh Circuit said Wednesday.

Plaintiffs Tanya Svoboda and Antonella Ortiz Colosi alleged Amazon’s capture and use of their facial data through the virtual try-on feature violated the Illinois Biometric Information Privacy Act. The feature allows buyers to virtually test facial products like lipsticks and eyeglasses.

“Location—the geographic place from which a class ...