![]() ![]() Payments are per-person “without regard to the number of times the person visited the park or had scanned their finger.” If the number of claims exceed the available pro rata shares for the respective groups, the class members’ payments will be reduced proportionally. ![]() Customers with a scan between May 2016 and December 2018, are entitled to up to $60, payable in five installments. Class members who scanned their finger between October 2013 and April 2016 will be entitled to “up to $200, payable in five installments” to sync with yearly contributions. The distribution to the class will occur over “five annual installments,” beginning in 2021 through 2025, with increasing contributions each year to total $36 million “until all eligible claimants have been fully paid or until the Settlement Fund is exhausted.” The class includes customers who had their “finger scanned” when entering the parks between Octoand December 31, 2018. ![]() The proposed $36 million settlement encompasses claims payments made to class members costs of administering the settlement a service award to the class representative attorneys’ fees of approximately $12 million and cy pres payments. Litigants are disputing the definition of what constitutes a “violation” and whether a violation occurs with the initial collection of the data or with each “swipe” of a finger or hand, or some other conduct. The statutory penalties are significant: $5,000 for each reckless or intentional violation of BIPA or, in the alternative, damages of $1,000 for each negligent violation of BIPA. Six Flags Entertainment Corp., 2019 IL 123186. The Illinois Supreme Court has held – in this same case – that individuals do not need to allege that statutory violations have led to “actual injury or adverse effect.” Rather, the mere collection and dissemination of biometric data in violation of the statute can constitute a violation and actionable harm. It provides that no private entity may collect, capture, purchase, receive through trade or otherwise obtain biometric information without first informing the subject, receiving a written release, and complying with rules for disclosure and eventual destruction. den’d.īIPA was enacted in 2008 to regulate the collection and storage of biometric identifiers and information by private entities. 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. 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. 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. (June 22, 2021) - 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. Six Flags Agrees to $36 Million BIPA Class Action SettlementĬhicago, Ill. ![]()
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