• IPSY Investigation Sign Up

    IPSY Investigation Sign Up

    Welcome from Class Action U! We've partnered with Milberg PLLC to help you join the lawsuit involving IPSY. Please fill out the form below.

  • Milberg is investigating whether certain website tracking technologies on ipsy.com may have collected, transmitted, or disclosed information associated with visitors’ website activity without valid prior consent.

     

    Please answer based on your own recollection and any records you may have.

  • Did you have or create a IPSY account?
  • Did you personally visit or use IPSY in the last 2 years?*
  • Date
     - -
    2 digit month, 2 digit day, 4 digit year
  • Did you participate in a quiz or survey on ipsy.com?*
  • Did you have or create an IPSY account?*

  • Privacy Policy

  • Good News!

    You may fit the initial screening criteria for this investigation. Please provide your contact information so Milberg can review your submission.

  • Email*
  • Is the email address you provided above the same email address you used with IPSY?*
  • Format: (000) 000-0000.

  • There appears to be an issue with your phone number. Please ensure the number is correct without country codes.

  • Format: (000) 000-0000.
  • State*

  • Your data privacy and security are important to us. Click here to review our Privacy Policy: Milberg Privacy Policy

  • Privacy Policy

  • Help us verify your claim

    You’re almost done! Add any proof you have now, then continue to the final confirmation.

  • Do you have, or can you look for, proof or records that may help show your IPSY use?*

  • You may skip the upload section and submit the form now. However, missing documents may delay our review or prevent us from proceeding with your claim. If you do not upload documents now, we may email you a secure link to provide them later.

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  • Helpful documents include:

    • Screenshots of your IPSY account, which shows your account name and/or email address;
    • Screenshots of your recent ipsy.com activity, including recent orders;
    • Emails or other messages from IPSY regarding your account or order details;
    • Other screenshots confirming your use of ipsy.com.

  • Thank you for completing the questionnaire. Please confirm the statements below.

  • I am 18 years or older and am submitting information based on my own experience, not for someone else.*

  • Applicants must select "Yes" or will be disqualified

  • Have you previously submitted information about this Matter to Milberg or another law firm or attorney?*
  • Are you currently pursuing claims against {campaign} in another lawsuit, class action, arbitration, or other legal proceeding?*
  • Have you previously received a settlement, award, or compensation relating to a dispute against {campaign}?*
  • The information I provided is true and accurate to the best of my knowledge.*

  • Applicants must select "Yes" or will be disqualified

  • If needed, I am willing to provide documents or testimony supporting the information I submitted.*

  • Applicants must select "Yes" or will be disqualified

  • I authorize Milberg to contact me about this investigation.*

  • Applicants must select "Yes" or will be disqualified

  • Select Save My Info to save your information. It will not be reviewed until you complete and electronically sign the Attorney-Client Agreement.

  • You will now be asked to electronically sign our Attorney-Client Agreement. This is essential in order to give us the permission we need to pursue this claim on your behalf.

    You pay nothing out of pocket.
    You will not be asked for any credit card information to hire our firm.
    If we win, our fee is paid from a percentage of the money we recover for you.
    If we do not win, you pay nothing.

  • Privacy Policy

  • CONFIDENTIAL ATTORNEY-CLIENT

    CONTINGENCY-FEE RETAINER AGREEMENT

    Client: {full_name}
    Client Email: {email}
    Phone: {phone}
    Adverse Party: IPSY ("Company")
    Covered Matter: Client’s use of Company’s website/mobile application and the alleged collection, interception, or transmission of Client’s online activity and related data.

     READ THIS AGREEMENT CAREFULLY: This Agreement defines the Firm’s work, fees, expenses, settlement authority, communications, and each party’s rights, responsibilities, and expectations. No result is guaranteed. Client should ask questions before signing and may seek independent legal advice.

    This Confidential Attorney-Client Contingency Fee Agreement (the “Agreement”) is between Milberg LLC (the “Firm”, “We” or “Us”) and the client identified above (“Client” or “You”).

    Covered Matter, Scope of Legal Services. The Firm represents Client only concerning Client’s potential individual claims against the Company arising from the facts and conduct identified above (the “Covered Matter”). This representation covers investigation and, if appropriate, pursuing the claims described above through pre-suit resolution, negotiation, mediation, arbitration, or litigation as appropriate. Arbitration is a process for resolving legal claims before a neutral arbitrator rather than a judge or jury, generally with more limited discovery and court review. The Firm may pursue the Covered Matter through arbitration, litigation, or resolution before any formal filing, and this Agreement remains in effect regardless of the forum.

    Excluded Services and Matters. Unless otherwise agreed in writing, the representation does not include unrelated matters or claims, appeals, judgment or award enforcement, bankruptcy, individualized tax advice, or other services outside the Covered Matter.

    No Extension or Tolling of Deadlines. Entering into this Agreement does not extend, toll, or otherwise affect any statute of limitations, contractual deadline, or other deadline applicable to Client’s claims. Client is responsible for promptly informing the Firm of any known or suspected deadline that may affect the Covered Matter and providing information reasonably necessary for the Firm to evaluate applicable deadlines.

    Continuing Claim Verification. The Firm’s acceptance of this Agreement does not mean it has completed its investigation or determined that Client’s claim is eligible, viable, or suitable for pursuit or settlement. After this Agreement becomes effective, the Firm may continue investigating and verifying Client’s eligibility and other material aspects of the Covered Matter. You authorize the Firm to communicate with the Company concerning your account and the Covered Matter and to request, obtain, and review related records and information.

    Client Responsibilities. You agree to assist and cooperate with the Firm; provide truthful, accurate, and reasonably complete information and authentic supporting documents when reasonably requested; preserve relevant evidence and correct material inaccuracies or omissions; keep your contact information current; and be reasonably available for discussions, meetings, and any required court or arbitration proceedings.

    Our Contingency Fee. You will not owe us an attorney fee unless we successfully collect a financial recovery for You by settlement, award, judgment, or other monetary recovery on the covered claim. Our contingency fee is forty percent (40%) of your total gross recovery, calculated before deducting costs or expenses. If the state where you resides at the time of signing this Agreement does not permit a contingency fee of forty percent (40%) for the Covered Matter, the contingency fee will instead be the maximum percentage permitted under that state’s law, and the Firm will notify Client in writing of the adjusted percentage. Where required by law, the fee is negotiable between Client and the Firm. If a recovery includes non-cash consideration (for example, injunctive relief, in-kind benefits, or coupons), the Firm will determine the value of that consideration in good faith, using a reasonable and customary valuation method, for purposes of calculating the contingency fee, and will disclose that valuation to You in writing.

    Separate Attorneys’ Fees. Where legally permitted, the Firm may seek, negotiate, be awarded, or receive attorneys’ fees separately from your Recovery. Separate attorneys’ fees are not part of your Recovery, and, when paid for the same covered work, will be credited against the contingency fee otherwise due from You, rather than added to it, unless applicable law requires different treatment or You and the Firm agree in writing to another legally permitted arrangement.

    Expenses, Costs, and Liens. After attorneys’ fees are deducted, authorized costs and expenses, liens, taxes, and other properly chargeable amounts will be deducted from Client’s remaining recovery, and the balance will be paid to Client. Expenses may be incurred specifically for Client or advanced on behalf of similarly situated clients for their collective benefit. Shared expenses will be allocated pro rata based on each client’s relative share of the total group recovery, or on another reasonable and consistently applied basis if individual recoveries have not yet been determined. Amounts paid to third-party vendors, arbitrators, experts, or other service providers assisting with the Covered Matter are passed through at cost and are not retained by the Firm. The Firm will inform Client in writing of the nature and amount of any deductions from Client’s recovery.

    Co-Counsel and Service Providers. You acknowledge that We may associate qualified co-counsel in connection with your claim. If governing law requires later disclosure or consent concerning an actual division of fees, we will provide it. Association of co-counsel will not, by itself, increase your overall 40% contingency fee obligation. To improve efficiency, the Firm may use AI-assisted or other technology for appropriate tasks under lawyer supervision and with reasonable confidentiality and security safeguards

    Consent to Joint Representation and Collective Proceedings. You understand that the Firm represents, or may represent, other clients who have similar claims against the same Company. Coordinated representation may allow the Firm to pool resources, centralize common work, reduce duplication, and pursue a more efficient overall strategy. At the same time, clients may differ in their facts and objectives, which may create actual or potential conflicts among jointly represented clients. You consent to the Firm’s joint representation of You and other similarly situated clients and authorize the Firm, when appropriate, to investigate and pursue your claim through individual, multi-party, coordinated, collective, representative, mass-arbitration, or court proceedings. This consent does not authorize the Firm to favor another client’s interests over yours or waive every conflict that may arise. Some settlements may require acceptance by a specified number or percentage of participating clients. If so, the Firm will obtain any informed consent required by law before the settlement binds You.

    Limited Opt-Out Authorization. I authorize the Firm to opt me out of any amendment or modification to the arbitration agreement in the Company’s terms applicable to the Covered Matter. I also authorize the Firm, upon advance notice to me, to opt me out of any class or collective settlement applicable to the Covered Matter if the Firm determines in good faith that doing so is in my best interest.

    Communications. The Firm may use email, text/SMS, telephone, portals, electronic forms, mail, and other reasonable systems. Email will ordinarily be our primary means of communication.

    Settlement Authority and Decisions. You authorize the Firm to act as your exclusive legal representative in settlement negotiations concerning the Covered Matter, including individual, group, portfolio, or coordinated negotiations; make and respond to nonbinding demands and counterproposals; participate in mediation; and make reasonable negotiation and settlement-strategy decisions. The Firm may recommend that You accept or reject a settlement and explain the consequences of either decision. Client’s disagreement with the Firm’s recommendation does not itself end the representation or limit the Firm’s right to withdraw when legally permitted. Except as expressly authorized below under the Advance Settlement and Implementation Authorization or in another writing, the final decision whether to accept a settlement is Yours.

     

    Advance Settlement and Implementation Authorization

    By signing this Agreement and initialing where indicated below, Client decides in advance to accept any individual settlement that provides at least $100 in gross cash consideration (the “Settlement Floor”) and satisfies the terms below (a “Qualifying Settlement”).

  • Initials*

  • The $100 Settlement Floor is a minimum, not a target: in determining whether a proposed settlement is a Qualifying Settlement, the Firm will evaluate the offer in good faith in light of the value, strength, and risks of Client’s claims, and the reasonableness of the offer. Firm will not accept an offer at or near the Settlement Floor if it believes in good faith the claim is worth materially more without first reasonably attempting to consult Client where practicable.

    A Qualifying Settlement may include a customary release of claims arising from the Covered Matter, dismissal, confidentiality or non-disparagement terms, and reasonable cooperation needed to process payment or resolve liens. It may not require Client to admit wrongdoing, release unrelated claims, provide indemnification, materially restrict Client’s future conduct, or undertake another material affirmative obligation.

    For any Qualifying Settlement, Client expressly authorizes Milberg, without further consultation with or approval from Client before acceptance, to:

    • Accept Settlement. Communicate binding acceptance of the Qualifying Settlement on Client’s behalf.
    • Sign as Counsel. Execute settlement agreements, releases, stipulations, dismissals, and related documents in the Firm’s capacity as Client’s counsel where counsel’s signature is legally sufficient, and take other non-substantive, ministerial actions reasonably necessary to implement the settlement.
    • Sign for Client. To the extent permitted by applicable law and any required power-of-attorney formalities, execute settlement agreements, releases, and related documents in Client’s name and on Client’s behalf as Client’s attorney-in-fact.
    • Handle Settlement Funds. Receive, endorse where permitted, safeguard, deposit, and disburse settlement proceeds; deduct authorized attorneys’ fees, expenses, liens, and other properly payable amounts; and remit the balance to Client.

    Client may revoke or modify this authorization at any time before Firm communicates binding acceptance. Firm will not rely on this authorization following a material change in circumstances that reasonably calls into question whether it continues to reflect Client’s settlement decision. This authorization does not apply to an aggregate settlement where applicable law requires your separate informed consent, a settlement requiring court approval, or any sworn certification or other act that applicable law requires Client personally to perform. The Firm will provide any post-settlement notices and accounting required by applicable law or professional obligations.

    Confidentiality. Please protect privileged, settlement-confidential, or other confidential case information and do not post it publicly or on social media unless We advise otherwise or applicable law permits disclosure. Even if Client ultimately does not settle, receives no Recovery, or the representation ends, Client may remain obligated to keep nonpublic or confidential information concerning the Matter confidential. Nothing in this Agreement or in any resulting settlement restricts Client’s right to report conduct to, or communicate and cooperate with, any government agency (including the EEOC, SEC, or a state attorney general) or otherwise limits protections available under applicable whistleblower laws, and any nondisclosure or non-disparagement provision will be applied consistent with applicable law, including any restrictions on such provisions in settlements involving claims of sexual harassment or sexual assault.

    Ending the Representation. Client may end this Agreement at any time by giving the Firm written notice. The Firm may withdraw or terminate the representation when applicable law permits or requires, including for continued material failure to cooperate after reasonable notice; materially false, misleading, fabricated, contradictory, incomplete, or reasonably unverifiable information; prolonged inability to communicate with You; a conflict of interest; a legal or ethical restriction; a determination that the claim is not viable or should not reasonably be pursued; an unreasonable financial burden or other circumstance recognized by applicable professional rules; or another legally sufficient reason. After this representation ends, the Firm will have no obligation to provide further legal advice or services concerning the Matter unless We separately agree in writing or applicable law requires otherwise. If the representation ends before a Recovery is obtained, the Firm reserves the right to seek a fee for services performed and reimbursement of expenses advanced, determined under applicable law (for example, on a quantum meruit or pro rata contingency basis), and to assert any lien available under applicable law to secure that amount.

    Arbitration between You and Us. The relationship between You and Us will be governed by New York law, without regard to its conflict of law rules. Any disputes between You and Us will be decided in arbitration by the JAMS, under its Streamlined Rules, which can be found here: https://www.jamsadr.com/rules-streamlined-arbitration/, in your county of residence or in New York County, unless the dispute is subject to arbitration under the Part 137 Fee Dispute Resolution program. More information about that program is available here: https://ww2.nycourts.gov/rules/chiefadmin/137.shtml. By agreeing to arbitrate disputes with the Firm, including any future malpractice or fee dispute, Client gives up the right to a jury trial or court proceeding on those disputes and accepts arbitration’s generally more limited discovery and appellate review. Client is encouraged to ask the Firm questions about this provision, and may wish to consult independent counsel, before agreeing to it.

    Entire Agreement. This Agreement constitutes the entire agreement between the Firm and You concerning the subject matter and supersedes prior or contemporaneous understandings on that subject. All other provisions of this Agreement remain unchanged. If any provision is invalid, illegal, or unenforceable in a jurisdiction, that does not affect the remaining provisions to the extent permitted by law.

    Acknowledgement and Agreement

    By signing, I confirm that:

    • I have read and understand this Agreement, had an opportunity to ask questions and seek independent legal advice, and will receive a completed copy after the Firm accepts it.
    • I understand that I have decided in advance that a Qualifying Settlement meeting the $100 Settlement Floor may be accepted on my behalf without further approval, subject to the conditions above, and that I may revoke or modify that authority before the Firm communicates binding acceptance.
    • I understand that the $100 Settlement Floor is the minimum gross settlement amount, not the amount I will receive after attorneys’ fees and authorized deductions.
    • I understand that the contractual attorney’s fee is 40% of my gross Recovery, calculated before costs, expenses, or liens are deducted, unless the law of my state of residence at signing requires a lower maximum percentage, in which case the lower percentage applies.

    If You agree with these terms, please sign and return this Agreement.
    We look forward to working with You and advocating on your behalf in this matter.


    Sincerely,
    /s/Douglas H. Sanders
    Douglas H. Sanders 
    MILBERG LLC 
    1311 Avenida Juan Ponce de León 
    San Juan, Puerto Rico 00907 
    Tel: (516) 741-5600 
    dsanders@milberg.com

    Agreed to on this _____ day of _________________, 2026.

    _______________________________

  • Date*
     - -
    2 digit month, 2 digit day, 4 digit year

  • VIA CERTIFIED MAIL – RETURN RECEIPT REQUESTED

    IPSY
    Attention: Legal Department
    903 Colorado Ave.
    Santa Monica, CA 90401

    Re: Notice of Dispute Concerning IPSY’s Privacy Violations 

    To Whom It May Concern:

    I hereby provide notice of my individual dispute with IPSY, together with its subsidiaries, affiliates, agents, and related entities (collectively, “IPSY”), arising out of and relating to IPSY’s website and associated digital services, including ipsy.com (the “IPSY” services”) and IPSY’s use or enablement of third-party tracking code, together with related scripts and processes, to capture, record, decode, read, learn, transmit, disclose, or otherwise process information associated with my electronic communications and interactions without my valid prior consent or other lawful authorization.

    Nature and Basis of Dispute

    I personally used the IPSY Services while I was physically located in {answer_2}. Upon visiting IPSY’s website, I was presented with, and participated in, a questionnaire (hereinafter “Quiz”), the completion of which was a prerequisite to account creation. To the best of my recollection, I did so within the past two years preceding this Notice.

    When I used the IPSY Services, I understood that I was communicating and interacting with IPSY for ordinary informational, shopping, beauty, or other consumer purposes. I did not know or understand that information associated with my communications and interactions with IPSY would be captured, recorded, decoded, read, learned, transmitted, disclosed, or otherwise processed through third-party tracking code in the manner described below. Based on my current understanding and counsel’s investigation, IPSY deployed, enabled, or caused to be deployed or enabled third-party tracking code associated with Meta/Facebook, TikTok, Snapchat, and potentially other third parties on the IPSY Services (“Tracking Technologies”)

    Upon information and belief, Tracking Technologies operated during my use of the IPSY Services and caused or permitted the contents of my communications and information associated with my interactions, browser, device, or session to be transmitted or otherwise made available to those third parties. The transmitted information included or reflected, as applicable, my skin tone, my concerns about my skin, and descriptions of my hair. Tracking Technologies also captured, recorded, transmitted, or otherwise processed non-content routing, addressing, signaling, source-identifying, browser-identifying, device-identifying, session-identifying, event-identifying, and related information associated with my use of the IPSY Services (e.g., URLs, timestamps, IP-address-related information, browser and device information, user-agent information, cookies, advertising or persistent identifiers, or session identifiers). 

    This information was tied to the context and purpose of my use of the IPSY Services—including what skin and hair concerns I selected in the mandatory beauty quiz, what personal attributes I disclosed, what quiz questions and screens I viewed or considered, and how I interacted with IPSY's survey, account-creation, and checkout functionality—and was not limited to information showing only that an unidentified person visited a generic public webpage or opened an application. Taken together, the transmitted communications, contextual information, event signals, and identifiers could permit IPSY, Tracking Technologies, or other recipients to associate my use of the IPSY Services with my browser, device, session, account, identity, communications, quiz selections, or other activity over time.

    I did not knowingly authorize IPSY to use, enable, or cause the operation of Tracking Technologies to capture, record, decode, read, learn, transmit, disclose, or otherwise process my information in the manner described above. To the extent IPSY contends that its terms of service, privacy policy, cookie policy, consent notice, or other disclosures provided authorization for the challenged conduct, I dispute that contention. More specifically, I dispute that generalized disclosures concerning cookies, pixels, analytics, advertising, service providers, personalization, targeted advertising, website or application measurement, data sharing, or similar practices provided clear, prior, specific, informed, and valid authorization for the particular tracking, interception, or transmission described in this Notice. 

    As a result of IPSY’s conduct, I lost control over information associated with my use of the IPSY Services and was deprived of the ability to make an informed privacy choice. I contend this conduct violated federal and state privacy, and anti-wiretapping laws, including laws prohibiting interception, unlawful disclosure or use of intercepted communications, and the procurement, inducement, or assistance of such conduct. This includes related claims and theories under The Federal Wiretap Act, as amended by the Electronic Communications Privacy Act of 1986 (“ECPA”), 18 U.S.C. §§ 2510–2523, and analogous state anti-wiretapping statutes. I further contend that IPSY violated California Penal Code § 638.51, because IPSY installed, used, or caused the use of a pen register or trap-and-trace device, process, or functionality to capture, record, decode, or transmit non-content routing, addressing, signaling, and related information about my electronic communications without first obtaining a court order and without my valid consent or other lawful authorization. I expressly reserve all other statutory, common-law, contract, privacy-policy, consumer-protection, equitable, or related claim or theory that may be supported by the facts and law.

    Relief Sought

    I seek all relief available under applicable law, including statutory damages where available; restitutionary relief and disgorgement; injunctive and equitable relief requiring IPSY to cease the challenged tracking practices; attorneys’ fees, arbitration fees, costs, and any additional relief available under law, contract, arbitration rules, or equity.

    My current good-faith demand is $5,000, subject to supplementation after IPSY provides records sufficient to evaluate the total amount and full scope of relief available. Because the number, timing, nature, and scope of any violations depend on records presently within IPSY’s possession, custody, or control, as well as records maintained by third-party vendors and service providers, I reserve the right to supplement my damages calculation and requested relief after those records become available.

    Please preserve all records reasonably related to the challenged tracking practices, including tracking-activation logs from my sessions; configuration and deployment records for those technologies; installation, modification, and removal records for each; vendor and personnel records identifying who deployed or configured the tracking technologies and the third parties who received the data; and account, session, device, and consent records tied to me.

    Informal Resolution

    I am providing this Notice in good faith to give IPSY an opportunity to discuss an informal resolution of my dispute before formal proceedings become necessary. Without conceding that any pre-dispute notice, informal-resolution process, waiting period, or other condition precedent is contractually required, applicable, enforceable, or unsatisfied, I am willing to engage in good-faith informal-resolution discussions during the 60 days following IPSY’s receipt of this Notice. I reserve the right to initiate arbitration or another proceeding sooner if reasonably necessary to preserve my claims.

    If the dispute is not resolved, I am prepared to initiate individual arbitration before the American Arbitration Association (“AAA”) and pursue any other available remedy. See IPSY Terms of Service, https://www.ipsy.com/terms (last visited August 7, 2026). If arbitration becomes necessary, I will seek all recoverable attorneys’ fees and, to the fullest extent permitted by applicable law, contract, and arbitral rules, the maximum permissible allocation to IPSY of filing fees, administrative fees, arbitrator compensation, and other arbitration-related costs. My election to pursue arbitration does not concede that arbitration is mandatory or exclusive.

    I expressly reserve all arguments and objections concerning the existence, validity, formation, assent, notice, identity and applicable version, applicability, scope, interpretation, and enforceability of any arbitration or related dispute-resolution terms IPSY may invoke. These reservations include any term concerning pre-dispute notice, informal resolution, cure, waiting periods, or other conditions precedent; contractual deadlines or limitations periods; governing law, forum, venue, administrator or arbitrator selection, arbitral rules, or delegation; confidentiality; individual-only, consolidated, coordinated, batched, bellwether, or mass-filing procedures; fees, deposits, costs, or fee shifting; waivers or restrictions on claims, procedures, remedies, or relief; and amendments or modifications. I also reserve all arguments that any such requirement was satisfied, substantially complied with, waived or forfeited by IPSY, excused, inapplicable, or unenforceable. Nothing in this Notice waives any claim, remedy, objection, defense, or right to proceed in any otherwise available forum.

    I authorize IPSY to communicate with my counsel identified below regarding this dispute and to produce to them all records and information associated with me that are reasonably necessary to evaluate and resolve this dispute.

    This Notice is not a complete statement of all facts, claims, legal theories, damages, remedies, defenses, objections, responses, or grounds. I reserve the right to amend, supplement, refine, narrow, expand, or otherwise modify this Notice and my requested relief based upon additional investigation, records, technical analysis, discovery, expert review, arbitration proceedings, litigation proceedings, or other information. If IPSY believes that additional information is required to evaluate or resolve this dispute, please identify the specific information requested and the contractual or legal basis for the request.

    Please direct all communications concerning this dispute to my counsel identified below.

    Sincerely, 

  • VIA CERTIFIED MAIL – RETURN RECEIPT REQUESTED

    IPSY
    Attention: Legal Department
    903 Colorado Ave.
    Santa Monica, CA 90401

    Re: Notice of Dispute Concerning IPSY’s Privacy Violations 

    To Whom It May Concern:

    I hereby provide notice of my individual dispute with IPSY, together with its subsidiaries, affiliates, agents, and related entities (collectively, “IPSY”), arising out of and relating to IPSY’s website and associated digital services, including ipsy.com (the “IPSY” services”) and IPSY’s use or enablement of third-party tracking code, together with related scripts and processes, to capture, record, decode, read, learn, transmit, disclose, or otherwise process information associated with my electronic communications and interactions without my valid prior consent or other lawful authorization.

    Nature and Basis of Dispute

    I personally used the IPSY Services while I was physically located in {answer_2}. Upon visiting IPSY’s website, I was presented with, and participated in, a questionnaire (hereinafter “Quiz”), the completion of which was a prerequisite to account creation. To the best of my recollection, I did so within the past two years preceding this Notice.

    When I used the IPSY Services, I understood that I was communicating and interacting with IPSY for ordinary informational, shopping, beauty, or other consumer purposes. I did not know or understand that information associated with my communications and interactions with IPSY would be captured, recorded, decoded, read, learned, transmitted, disclosed, or otherwise processed through third-party tracking code in the manner described below. Based on my current understanding and counsel’s investigation, IPSY deployed, enabled, or caused to be deployed or enabled third-party tracking code associated with Meta/Facebook, TikTok, Snapchat, and potentially other third parties on the IPSY Services (“Tracking Technologies”)

    Upon information and belief, Tracking Technologies operated during my use of the IPSY Services and caused or permitted the contents of my communications and information associated with my interactions, browser, device, or session to be transmitted or otherwise made available to those third parties. The transmitted information included or reflected, as applicable, my skin tone, my concerns about my skin, and descriptions of my hair. Tracking Technologies also captured, recorded, transmitted, or otherwise processed non-content routing, addressing, signaling, source-identifying, browser-identifying, device-identifying, session-identifying, event-identifying, and related information associated with my use of the IPSY Services (e.g., URLs, timestamps, IP-address-related information, browser and device information, user-agent information, cookies, advertising or persistent identifiers, or session identifiers). 

    This information was tied to the context and purpose of my use of the IPSY Services—including what skin and hair concerns I selected in the mandatory beauty quiz, what personal attributes I disclosed, what quiz questions and screens I viewed or considered, and how I interacted with IPSY's survey, account-creation, and checkout functionality—and was not limited to information showing only that an unidentified person visited a generic public webpage or opened an application. Taken together, the transmitted communications, contextual information, event signals, and identifiers could permit IPSY, Tracking Technologies, or other recipients to associate my use of the IPSY Services with my browser, device, session, account, identity, communications, quiz selections, or other activity over time.

    I did not knowingly authorize IPSY to use, enable, or cause the operation of Tracking Technologies to capture, record, decode, read, learn, transmit, disclose, or otherwise process my information in the manner described above. To the extent IPSY contends that its terms of service, privacy policy, cookie policy, consent notice, or other disclosures provided authorization for the challenged conduct, I dispute that contention. More specifically, I dispute that generalized disclosures concerning cookies, pixels, analytics, advertising, service providers, personalization, targeted advertising, website or application measurement, data sharing, or similar practices provided clear, prior, specific, informed, and valid authorization for the particular tracking, interception, or transmission described in this Notice. 

    As a result of IPSY’s conduct, I lost control over information associated with my use of the IPSY Services and was deprived of the ability to make an informed privacy choice. I contend this conduct violated federal and state privacy, and anti-wiretapping laws, including laws prohibiting interception, unlawful disclosure or use of intercepted communications, and the procurement, inducement, or assistance of such conduct. This includes related claims and theories under The Federal Wiretap Act, as amended by the Electronic Communications Privacy Act of 1986 (“ECPA”), 18 U.S.C. §§ 2510–2523, and analogous state anti-wiretapping statutes. I expressly reserve all other statutory, common-law, contract, privacy-policy, consumer-protection, equitable, or related claim or theory that may be supported by the facts and law.

    Relief Sought

    I seek all relief available under applicable law, including statutory damages where available; restitutionary relief and disgorgement; injunctive and equitable relief requiring IPSY to cease the challenged tracking practices; attorneys’ fees, arbitration fees, costs, and any additional relief available under law, contract, arbitration rules, or equity.

    My current good-faith demand is $5,000, subject to supplementation after IPSY provides records sufficient to evaluate the total amount and full scope of relief available. Because the number, timing, nature, and scope of any violations depend on records presently within IPSY’s possession, custody, or control, as well as records maintained by third-party vendors and service providers, I reserve the right to supplement my damages calculation and requested relief after those records become available.

    Please preserve all records reasonably related to the challenged tracking practices, including tracking-activation logs from my sessions; configuration and deployment records for those technologies; installation, modification, and removal records for each; vendor and personnel records identifying who deployed or configured the tracking technologies and the third parties who received the data; and account, session, device, and consent records tied to me.

    Informal Resolution

    I am providing this Notice in good faith to give IPSY an opportunity to discuss an informal resolution of my dispute before formal proceedings become necessary. Without conceding that any pre-dispute notice, informal-resolution process, waiting period, or other condition precedent is contractually required, applicable, enforceable, or unsatisfied, I am willing to engage in good-faith informal-resolution discussions during the 60 days following IPSY’s receipt of this Notice. I reserve the right to initiate arbitration or another proceeding sooner if reasonably necessary to preserve my claims.

    If the dispute is not resolved, I am prepared to initiate individual arbitration before the American Arbitration Association (“AAA”) and pursue any other available remedy. See IPSY Terms of Service, https://www.ipsy.com/terms (last visited August 7, 2026). If arbitration becomes necessary, I will seek all recoverable attorneys’ fees and, to the fullest extent permitted by applicable law, contract, and arbitral rules, the maximum permissible allocation to IPSY of filing fees, administrative fees, arbitrator compensation, and other arbitration-related costs. My election to pursue arbitration does not concede that arbitration is mandatory or exclusive.

    I expressly reserve all arguments and objections concerning the existence, validity, formation, assent, notice, identity and applicable version, applicability, scope, interpretation, and enforceability of any arbitration or related dispute-resolution terms IPSY may invoke. These reservations include any term concerning pre-dispute notice, informal resolution, cure, waiting periods, or other conditions precedent; contractual deadlines or limitations periods; governing law, forum, venue, administrator or arbitrator selection, arbitral rules, or delegation; confidentiality; individual-only, consolidated, coordinated, batched, bellwether, or mass-filing procedures; fees, deposits, costs, or fee shifting; waivers or restrictions on claims, procedures, remedies, or relief; and amendments or modifications. I also reserve all arguments that any such requirement was satisfied, substantially complied with, waived or forfeited by IPSY, excused, inapplicable, or unenforceable. Nothing in this Notice waives any claim, remedy, objection, defense, or right to proceed in any otherwise available forum.

    I authorize IPSY to communicate with my counsel identified below regarding this dispute and to produce to them all records and information associated with me that are reasonably necessary to evaluate and resolve this dispute.

    This Notice is not a complete statement of all facts, claims, legal theories, damages, remedies, defenses, objections, responses, or grounds. I reserve the right to amend, supplement, refine, narrow, expand, or otherwise modify this Notice and my requested relief based upon additional investigation, records, technical analysis, discovery, expert review, arbitration proceedings, litigation proceedings, or other information. If IPSY believes that additional information is required to evaluate or resolve this dispute, please identify the specific information requested and the contractual or legal basis for the request.

    Please direct all communications concerning this dispute to my counsel identified below.

    Sincerely, 

  • cc:  Gary M. Klinger
    MILBERG PLLC
    227 W Monroe Street, Suite 2100
    Chicago, IL 60606
    gklinger@milberg.com 

    Christian K. Torres
    Lawrence F. McCarthy III
    MILBERG PLLC
    405 E 50th Street
    New York, New York 10022
    ctorres@milberg.com 
    lmccarthy@milberg.com
    Tel. (865) 412-2700
     
    Attorneys for Claimant

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