Rosenbach v. Six Flags Entertainment Corp.

Plaintiff filed claim alleging that Defendants violated Biometric Information Privacy Act when Plaintiff’s minor son purchased a season pass for theme park and Defendants fingerprinted him without properly obtaining written consent or disclosing their plan for collection, storage, use, or destruction of his biometric identifiers or information. A “person aggrieved” by violation of that Act must allege some actual harm, although it need not be pecuniary. If a person alleges only a technical violation of the Act without alleging any injury or adverse effect, then he or she is not aggrieved and may not recover under any of the provisions in Section 20 of the Act. (JORGENSEN and SCHOSTOK, concurring.)