The agreement is provisional and scheduled to be approved at a court hearing in October. Under the agreement, Six Flags, which is headquartered in Arlington, Texas, does not accept any liability or admit any fault. ![]() People who first had their finger scanned when entering the park between May 1, 2016, and December 31, 2018, could receive up to $60. BIPA prohibits private entities from collecting, purchasing, or otherwise acquiring individuals’ biometric identifiers without first providing notice in writing of specific information and obtaining their written permission. aggrieved under the Biometric Act without any allegation that Six Flags. and Great America LLC of collecting finger scans in violation of the Illinois Biometric Information Privacy Act (BIPA). Todd still draws on his significant commercial litigation experience and. However, the Court ruled in 2019 that for an individual to qualify as an "aggrieved" person under the Biometric Privacy Act and be entitled to relief and damages, that individual "need not allege some actual injury or adverse effect, beyond violation of his or her rights.”Īfter a period of mediation, a settlement was proposed that entitles people who first had their finger scanned when entering Six Flags Great America between October 1, 2013, and April 30, 2016, to receive up to $200. Plaintiffs in a class action lawsuit accused Six Flags Entertainment Corp. The case landed in the Illinois Supreme Court, where Six Flags argued that no injury had been done to Rosenbach's son, because the biometric data had not been exposed or stolen. Six Flags Great America has settled a class-action lawsuit by agreeing to pay 36 million over the use of fingerprint scanners at its Illinois theme park. Rosenbach said her son had supplied his fingerprint to gain access to the park, without first consenting to the collection and storage of his biometric information. Lead plaintiff in the case against the amusement park operator, Stacy Rosenbach, sued the Gurnee branch of Six Flags in 2016 on behalf of her son, Alexander. Under the law, which was passed in 2008, a company must obtain an individual's written consent before gathering and storing their biometric data.Ī company that violates the law must pay damages of $1,000 for each negligent violation and $5,000 for each intentional or reckless violation. ![]() The act regulates how companies collect and use an individual's retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Theme park operator Six Flags Great America has agreed to pay $36m to settle a class-action lawsuit concerning the gathering and collection of its customers' biometric data.įiled in Lake County, Illinois, the lawsuit alleges that the use of finger-scanning equipment used at Six Flags entry gates violated the Prairie State's Biometric Privacy Act. In recent years, putative class action lawsuits under the BIPA have increased coincident with the growth of biometric technology tools, includ- ing.
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