In 2016, the Six Flags Entertainment Corporation was sued for using a fingerprinting process when issuing passes to the Six Flags Amusement Park in Illinois. As alleged by the plaintiff, the system scans pass holders fingerprints; collects, records and stores biometric identifiers from and information gleaned from the fingerprints; and then stores that data in order to verify customer identities upon subsequent visits by having customers scan their fingerprints to enter the theme park.

On January 25, 2019, the Illinois Supreme Court reversed the appellate court’s ruling and held that plaintiffs can assert their claims and recover statutory damages under the Illinois’s Biometric Information Privacy Act (“BIPA”) even based on a bare violation of the law and without showing any consequential harm.

Read Illinois Supreme Court’s opinion