Rosenbach v. Six Flags Entertainment Corporation

Issue

The plaintiff alleged that the theme park scanned her son’s fingerprint without obtaining written consent and without properly disclosing the company’s business practices relating to the collection, use, and retention of the fingerprint data. Defendant Six Flags filed a motion to dismiss stating that Plaintiff was not an “aggrieved party” for purposes of Illinois’ Biometric Privacy Information Act (BIPA) because she had not alleged an “actual injury.” The motion was denied. Defendant then filed a motion for reconsideration. The district court presented questions for appellate review regarding whether a party who had only suffered a violation of the BIPA notice and consent requirements could be “aggrieved.” On appeal, the Illinois Appellate Court answered both questions in the negative. The Supreme Court of Illinois granted Plaintiff’s petition for leave to appeal.

September 18, 2018

The Restaurant Law Center and Illinois Restaurant Association filed a brief amici curiae in support of defendants.

January 25, 2019

The Supreme Court filed its Opinion.