Universal Orlando Class Action Says Visitor Fingerprints Collected Illegally

An Illinois resident has hit Universal Orlando with a class action lawsuit alleging the theme park violates state residents’ rights when it comes to collecting their biometric information.

Lead plaintiff Jack Yozze alleges that Illinois residents are required to provide and use their fingerprints to enter the Universal Studios Florida theme park.

Yozze says that he had no idea that he would be required to provide his fingerprint when he bought nonrefundable tickets to the theme park and there was no other way to obtain entrance.

“Using biometric-enabled devices and technology, Defendant knowingly and intentionally captures, collects, stores, and otherwise uses the biometrics of its customers seeking entry into Universal Orlando,” alleges the Universal Studios class action lawsuit.

“Critically, Defendant knowingly handles the biometrics of its Illinois customers without their informed written consent as required by BIPA, in order to control and track their access to Universal Orlando.”

According to the Universal Orlando class action, Yozze and other Illinois residents’ biometric information is protected by the Biometric Information Privacy Act.

Under the state law, those obtaining and/or using Illinois residents’ biometric information, including finger or hand prints, are required to meet a number of criteria, including;

• Disclosing in writing that biometric information will be collected, along with how long it will be stored;
• Obtaining a written release from the Illinois resident allowing the collection and storage of their information;
• Publishing retention and destruction guidelines for the biometric information collected and stored.

“Defendant’s biometric system works by extracting biometric information from its customers’ fingerprints, or portions thereof, and subsequently storing and repeatedly using the same for authentication and park access,” notes the Universal Orlando class action lawsuit. “Defendant also associates customers’ biometrics, i.e. fingerprints, with other personally identifiable information, including state identification cards.”

The plaintiff contends that Universal Orlando knows that it is collecting the biometric information of Illinois residents. Yozze says that he was required to show his state identification along with his fingerprint upon entrance to the park.

Further, claims the Universal Studios class action lawsuit, the plaintiff and other Illinois residents are not provided the appropriate disclosures when they are required to provide their fingerprints at Universal Orlando.

The Universal Orlando class action lawsuit seeks to represent a Class of Illinois residents whose biometric information, including all or part of their fingerprints, was collected, used, and/or stored by the theme park.

The plaintiff is seeking statutory damages of $1,000 per violation on behalf of himself and the proposed Class Members, along with a court order stopping Universal Orlando from allegedly violating Illinois state law by collecting fingerprints from Illinois residents.

Yozze and the proposed Class are represented by Myles McGuire and Jad Sheikali of McGuire Law PC.

The Universal Orlando Class Action Lawsuit is Yozze, et al. v. Universal Parks & Resorts Management Services LLC, Case No. 2019­-CH-­06366, in Cook County Circuit Court, Illinois.

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