A recent putative class action case against luxury brand Christian Dior sheds light on the health care exemption in the Illinois Biometric Privacy Act (BIPA). In Delma Warmack-Stillwell v. Christian Dior Inc., the plaintiff alleged Dior’s virtual try-on feature for sunglasses violated BIPA’s requirements to (1) provide notice and obtain informed consent before collecting an individual’s biometric data; (2) have a written retention and deletion policy for biometric data; and (3) not sell, lease, trade, or otherwise profit from an individual’s biometric data.  The Northern District of Illinois dismissed the case, finding that the feature fell within BIPA’s health care exemption. 
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 Warmack v. Christian Dior, Inc., No. 1:22-cv-04633, Dkt. No. 29 at 3 (Feb. 10, 2023).
 Id. at 12.