Six Flags Agrees To $36 Million BIPA Class Action Settlement

The parties to the seminal litigation on the application of the Illinois Biometric Information Privacy Act ("BIPA" or "the Act") have received preliminary approval for a proposed class action settlement with an anticipated value of $36 million. The class in Rosenbach v. Six Flags Entertainment Corp. is comprised of over 1.1 million members who the plaintiff alleges were required to provide fingerprint data for the use of repeat-entry passes to Great America, a Six Flags' amusement park in Gurnee, Illinois. The pass holders claimed that Six Flags' alleged use, storage, collection, and dissemination of their fingerprints was in violation of BIPA because it did not comply with the law's requirements for fair notice, consent and a written policy. If final approval is granted, the settlement would be the second-largest BIPA class action to resolve, trailing only Facebook's record $650 million settlement for 1.6 million members. See Patel v. Facebook, 18-15982, (9th