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Six Flags Solves Illinois Biometric Cases



The biometric case against Six Flags Entertainment Corp., whose lawsuit involved a decision in the Illinois Supreme Court, has been settled for up to $ 36 million.

"The Notice of Proposed Class Action", Rosenbach v. Six Flags first published last week, states that Grand Prairie, Texas-based Six Flags Entertainment Corp. has agreed to resolve the disputes that Stacy Rosenbach filed in 2014.

Ms. Rosenbach had accused in the lawsuit that Six Flags Great America in Gurnee, Illinois, had failed to comply with Illinois' Biometric Information Privacy Act when it scanned her 14-year-old son & # 39; s thumb during a school trip to the amusement park. [1

9659002] The Illinois Act, known as BIPA, requires companies that store biometric information to inform the subject in writing that it is being collected or stored and the purpose and duration for which it is being collected. It also requires that companies obtain the written consent of the subject.

The law creates a private right of action for individuals harmed by violations and imposes a fine of $ 1,000 for each violation caused by negligence and a $ 5,000 fine for each intentional or reckless violation. [19659002] In 2019, the Illinois Supreme Court held that individuals do not have to claim harm or a negative effect in order to successfully claim a violation of the law.

While Illinois was the first state to adopt biometric legislation, other states, including California, Texas and Washington have followed, and others are considering such legislation, including Arizona, Florida, Massachusetts and New York.

The settlement statement states that Six Flags has agreed to pay up to $ 36 million without acknowledging fault or liability. The course covers everyone who visited Six Flags Great America in Gurnee between October 1, 2013 and December 31, 2018 and had their fingers scanned. Flags of Great America between October 1, 2013 and April 30, 2016 can receive up to $ 200, payable in five installments. Those who got a finger scanned between May 1, 2016 and December 31, 2018 can receive up to $ 60, which must also be paid in five installments. Waukegan, Illinois.

Six Flags did not respond to a request for comment.

In February, the US District Court of San Francisco approved a proposed $ 650 million settlement in a case filed against Facebook Inc. under BIPA, in I re Facebook Biometric Information Privacy Litigation .

In May, the Illinois Supreme Court upheld two lower court rulings and ruled that an insurance company is required to defend a solarium sued by a customer who violates state biometric laws.

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