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Rosenbach v. Six Flags Entm't Corp.

Supreme Court of Illinois

January 25, 2019, Opinion Filed

(Docket No. 123186)

Opinion

 [*P1]  [****656]   [**1199]   The Biometric Information Privacy Act (Act) (740 ILCS 14/1 et seq. (West 2016)) imposes numerous restrictions on how private entities collect, retain, disclose and destroy biometric identifiers, including retina or iris scans, fingerprints, voiceprints, scans of hand or face geometry, or biometric information. Under the Act, any person "aggrieved" by a violation of its provisions "shall have a right of action *** against an offending party" and "may recover for each violation" the greater of liquidated damages or actual damages,  [**1200]   [****657]  reasonable attorney fees and costs, and any other relief, including an injunction, that the court deems appropriate. Id. § 20. The central issue in this case, which reached the appellate court by means of a permissive interlocutory appeal pursuant to Illinois Supreme Court Rule 308 (eff. Jan. 1, 2016), is whether one qualifies as an "aggrieved" person and may seek liquidated damages and injunctive relief pursuant to the Act if he or she has not alleged some actual injury or adverse effect, beyond violation of his or her rights under the [***2]  statute. The appellate court answered this question in the negative. In its view, "a plaintiff who alleges only a technical violation of the statute without alleging some injury or adverse effect is not an aggrieved person" within the meaning of the law. (Emphasis in original.) 2017 IL App (2d) 170317, ¶ 23. We granted leave to appeal (Ill. S. Ct. R. 315(a) (eff. Nov. 1, 2017)) and now reverse and remand to the circuit court for further proceedings.

 [*P2]  BACKGROUND

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2019 IL 123186 *; 129 N.E.3d 1197 **; 2019 Ill. LEXIS 7 ***; 432 Ill. Dec. 654 ****

STACY ROSENBACH, as Mother and Next Friend of Alexander Rosenbach, Appellant, v. SIX FLAGS ENTERTAINMENT CORPORATION et al., Appellees.

Prior History: Rosenbach v. Six Flags Entm't Corp., 2017 IL App (2d) 170317, 2017 Ill. App. LEXIS 812 (Dec. 21, 2017)

Disposition: Cause remanded.

CORE TERMS

biometric, identifiers, collected, aggrieved, private entity, fingerprints, defendants', appellate court, actual damage, customer, rights, circuit court, liquidated damages, provisions, scan, injunctive relief, disclosure, purposes, season, stored, private right of action, aggrieved person, attorney's fees, adverse effect, amusement park, compromised, Dictionary, injunction, thumbprint, alleges

Civil Procedure, Appeals, Standards of Review, De Novo Review, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Civil Rights Law, Protection of Rights, Privacy Rights, Governments, Legislation, Statutory Remedies & Rights, Interpretation