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In a unanimous decision, the Illinois Supreme Court found that a Six Flags pass holder had a valid claim as an “aggrieved person” under the Illinois Biometric Privacy Act of 2008 (“BIPA”), hence having the right to bring an action for damage under BIPA for actual or liquidated damages, whichever amount is greater, despite not alleging actual harm.
The case originally arose out of Six Flags collection of the thumbprints of the plaintiff’s son after he purchased a season pass for the theme park on a school field trip.
