scooterdoug wrote:I don't see how the plaintiff will win this lawsuit. Six Flag's website clearly explains how biometrics are used, and gives a clear opt-out option. This lawsuit seems frivolous to me.
I wonder if the plaintiff realizes that the corporations have this information already. Datamining corporations already havea complete profile for him that can be sold and packaged to the highest bidder just by his daily online activity.
It looks like a key word here is "without the parents permission." So in the future, they could probably do it as long as the parents attend with the kid for at least one visit, go to guest relations, and fill out some brief forms. So I don't see this really being huge blow to Six Flags. Truth be told, I think it makes sense to have some parental or guardian supervision for 14 year olds at parks anyway.
I just saw the sign at SFOT and I "think" it has always been SF policy- "Children 15 and under must be accompanied by a Parent or Guardian". I believe that I have seen it on tickets and on the back of passes as well. IF- that is the case the plaintiff has no standing.... I think this will go away- maybe some cash and a few passes.
No question this will be settled (or the case withdrawn or kicked). The question is how much the settlement is. Nobody would ever let this go to verdict. Yes, the instructions on the ticket may slightly decrease the size of the settlement -- but you also have to contend with the fact that its "fine print," a reasonable person wouldn't know to look for it, and its never actually enforced. If SF's lawyers pursued this as an argument, both sides would have to investigate and present evidence as to whether the policy is ever enforced. If it is never enforced, the evidence will be worthless. If it is aggressively enforced, and the plaintiff actively used subversion to break the rules, that will hurt the settlement as well (and possibly lead to a countersuit if the case isn't withdrawn). But we all know that no unaccompanied minors isn't enforced. Six Flags has tons of kids run around unsupervised.
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