Six Flags Finger Scan $36M Class Action Settlement

Certain visitors to Six Flags Great America in Gurnee, Illinois, who submitted a finger scan to enter the park may be eligible to submit a Six Flags settlement claim form and benefit from a $36 million class action settlement.

The Class consists of all people who visited Six Flags Great America in Gurnee between Oct. 1, 2013, and Dec. 31, 2018, and scanned their finger or fingers on a finger scanner at the park entry gates.

Plaintiffs in a class action lawsuit accused Six Flags Entertainment Corp. and Great America LLC of collecting finger scans in violation of the Illinois Biometric Information Privacy Act (BIPA).

BIPA prohibits private entities from collecting, purchasing, or otherwise acquiring individuals’ biometric identifiers without first providing notice in writing of specific information and obtaining their written permission.

Six Flags denies these accusations and asserts that members and season pass holders were, in fact, provided with written notice. However, the parties have agreed to a settlement to resolve the claims.

Six Flags operates 27 theme parks and water parks in the United States, Canada, and Mexico, and plans to open a park soon in Riyadh, Saudi Arabia.

Because Six Flags Great America has been closed due to the COVID-19 pandemic and the park’s future operations remain uncertain, the $36 million settlement fund will be funded in five annual installments, according to the settlement website.

• 2021: up to $3.5 million, payable 14 business days after the settlement’s effective date
• 2022: up to $5 million, payable on the first anniversary of the effective date 
• 2023: up to $7.5 million, payable on 2-year anniversary of the effective date 
• 2024: up to $8.5 million, payable on 3-year anniversary of the effective date
• 2025: up to $11.5 million, payable on 4-year anniversary of the effective date

Filing a Six Flags Settlement Claim Form

Class Members submitting valid approved claims will be paid until all eligible claimants have been paid in full or until the settlement fund is exhausted.

Class Members’ potential awards vary according to when they first entered Six Flags Great America with a finger scan:

• Oct. 1, 2013, to April 30, 2016: up to $200, payable in five installments. 
• May 1, 2016, to Dec. 31, 2018: up to $60, payable in five installments.

Payments will be made per person, regardless of the number of times they visited Six Flags Great America or had their finger scanned.

These amounts may be reduced proportionately depending on whether the total dollar value of claims filed, settlement administration costs, attorneys’ fees, and other expenses exceed the amount of the settlement fund.

Claim forms sent to potential Class Members indicated which group they belong to.

In addition to the monetary relief, the defendants also have agreed to place a biometric data retention and destruction policy on the Six Flags Great America website and to comply with it.

A final approval hearing in the Six Flags finger scan settlement has yet to be scheduled.

Anyone who wishes to object to or opt out of the settlement must do so by July 30, 2021.

The deadline to submit a Six Flags settlement claim form is Oct. 12, 2021.

Who’s Eligible

All people who visited Six Flags Great America in Gurnee between Oct. 1, 2013, and Dec. 31, 2018, and scanned their finger or fingers on a finger scanner at the park entry gates.

Potential Award

Up to $200.

Class Members’ potential awards vary according to when they first entered Six Flags Great America with a finger scan:

• Oct. 1, 2013, to April 30, 2016: up to $200, payable in five installments. 
• May 1, 2016, to Dec. 31, 2018: up to $60, payable in five installments.

Proof of Purchase

No proof of purchase is required. However, the settlement administrator might contact you if additional information is required.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/12/2021

Case Name

Rosenbach, et al. v. Six Flags Entertainment Corp., et al., Case No. 16-CH-13 in the Circuit Court for the 19th Judicial Circuit, Lake County, Illinois

Final Hearing

TBD

Settlement Website

ThemeParkSettlement.com

Claims Administrator

Theme Park Settlement Administrator
c/o A.B. Data Ltd.
P.O. Box 173136
Milwaukee, WI 53217
info@themeparksettlement.com
1-800-391-9724

Class Counsel

PROGRESSIVE LAW GROUP LLC
BOCK HATCH & OPPENHEIM LLC

Defense Counsel

JENNER & BLOCK LLP