Flora et al v. Prisma Labs, Inc.

On February 15, 2023, Jack Flora, Nathan Matson, Courtney Owens, and D.J. (collectively, “Plaintiffs”), individually and on behalf of similarly situated individuals, represented by Thomas M. Hanson of Loevy & Loevy, filed a civil rights class action lawsuit against Prisma Labs, Inc. (“Defendant”), seeking injunctive and declaratory relief for alleged invasion of privacy rights. This case was filed in the U.S. District Court for the Northern District of California, with Judge Virginia K. DeMarchi presiding.

In the complaint, the plaintiffs claimed, “Founded in 2016, Prisma initially launched an eponymously named app, Prisma. The app was available on the Apple AppStore for iPhone users and on Google Play for Android users.”

The plaintiffs further claimed, “Two years later, in late 2018, Prisma launched its second product, Lensa.”

Plaintiffs alleged, “Once a user downloads the Lensa app from either the AppStore or Google Play and opens the app, they are prompted to agree to the Terms and Conditions and the Privacy Policy, each of which is hyperlinked.”

Plaintiffs then alleged, “Thereafter, every time the app is opened the user is given two options: ‘Add photos’ or ‘Magic Avatars.’ Regardless of which option is chosen, the user cannot proceed without first giving Lensa access to all photos stored on their device.”

The plaintiffs further alleged, “In addition, users discovered that despite Lensa’s Terms of Use mandating a ‘no nudes’ policy, the app would generate sexualized images from images containing nothing but fully-clothed images. Multiple news outlets ran experiments to test this theory, and discovered ‘it’s possible – and way too easy – to use the platform to generate non-consensual soft porn.’ One reporter noted not only that the app generated nude images, but did so even when the photos uploaded were images from her childhood – results which she described as ‘horrifying.’ The same reporter also recounted users receiving avatars which ascribed ‘cartoonishly sexualized features, like sultry poses and gigantic breasts, to their images,’ and anglicized facial features and skin tone for images of people of color.”

The plaintiffs also alleged, “As detailed herein, Defendant has collected, captured, purchased, received through trade or otherwise obtained Plaintiffs’ and Class members’ biometric identifiers or biometric information, without informing Plaintiffs and Class members that a biometric identifier or biometric information was being collected or stored.”

Plaintiffs then alleged that “Defendant intentionally suggests that Defendant deletes Plaintiffs’ and Class members’ biometric data within 24 hours of creating a ‘magic avatar,’ when in fact Plaintiffs’ and Class members’ biometric data is retained indefinitely to train Defendant’s neural network algorithm.”

Plaintiffs additionally alleged, “As detailed herein, Defendant has profited and continues to profit from its collection of Plaintiffs’ and Class members’ biometric identifiers or biometric information, specifically by using such information to improve the Lensa app and, on information and belief, other Prisma products.”

Plaintiffs presented eight claims for relief, including for alleged violation of the Illinois Biometric Information Privacy Act and unjust enrichment.

In the prayer for relief, the plaintiffs requested a judgment for injunctive and declaratory relief. The plaintiffs also requested an award for damages as well as pre- and post- judgment interest.

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