Illinois Court of Appeals Holds BIPA Plaintiffs Must Allege Some Actual Harm

In a ruling that may have significant impact on the recent wave of biometric privacy suits, an Illinois state appeals court held that plaintiffs must claim actual harm to be considered an “aggrieved person” covered by Illinois’ Biometric Information Privacy Act (BIPA), in a dispute arising from the alleged unlawful collection of fingerprints from a Six Flags season pass holder. Rosenbach v. Six Flags Entertainment Corp., 2017 IL App (2d) 170317 (Ill. App. Ct. Dec. 21, 2017). The plaintiff, whose son’s fingerprint was collected by Six Flags after purchasing a season pass for one of its Great America amusement parks, filed suit on behalf of her son and similarly situated class members, against Great America LLC and Six Flags Entertainment Corp. for allegedly violating Illinois’ BIPA by failing to obtain proper written consent or disclosing their plan for the collection, use, storage, or destruction of her son’s biometric information. The…

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