Brilliant Earth, known for its commitment to ethical sourcing in the jewelry industry, has encountered two distinct legal challenges in recent years. To provide the most relevant information, it’s important to clarify which lawsuit you’re interested in:
1. Biometric Data Collection Lawsuit: A Privacy Conundrum
Summary: An ongoing class action lawsuit filed in Illinois accuses Brilliant Earth of violating state biometric privacy laws through its “Virtual Try-On” feature. This feature allegedly captures users’ hand geometry data without their informed consent.
Key Arguments:
- Plaintiffs: Claim Brilliant Earth fails to adequately disclose data collection practices and lacks users’ necessary consent, violating the Illinois Biometric Information Privacy Act (BIPA).
- Brilliant Earth: Argues the captured hand geometry data isn’t personally identifiable and falls outside the scope of BIPA.
Current Status: The case remains unresolved, with no immediate end in sight.
2. Advertising Claims Challenge: Scrutinizing Ethical Marketing
Summary: The National Advertising Division (NAD) of the Better Business Bureau challenged specific claims made by Brilliant Earth regarding the “ethically sourced” nature of their diamonds and their environmental impact.
Key Arguments:
- NAD: Found some of Brilliant Earth’s claims lacked sufficient evidence and weren’t clearly substantiated, potentially misleading consumers.
- Brilliant Earth: Voluntarily discontinued the challenged claims in response to the NAD’s findings.
Current Status: While the specific claims are no longer used, the incident underlines the importance of transparency and evidence-based marketing for businesses promoting ethical practices.
