The Illinois Supreme Court recently handed down its much-anticipated decision in Rosenbach v. Six Flags Entertainment Corporation et al., clarifying what makes someone “aggrieved” and able to bring a claim under the Illinois Biometric Information Privacy Act (“BIPA”). We have addressed this issue in prior blogs, including here and here. The Supreme Court has now held an individual need not allege some actual injury or adverse effect to be “aggrieved” and have statutory standing. An individual can state a BIPA claim simply by alleging an entity’s failure to follow the statute’s notice and consent requirements. The high court rejected Six Flags’ argument that the Illinois legislature intended individuals to suffer some actual damage beyond a mere violation of his or her statutory rights before being able to file a lawsuit. It looked at how the word “aggrieved” has been used and understood in other Illinois statutes…
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