A patron presses her thumb to a scanner station posted at the entrance of a theme park. The finger scan is converted to a numeric algorithm that serves to validate the patron’s identity for future visits. The entire transaction, in which the patron transferred her fingerprint, i.e., her biometric information, to the park, occurred in a matter of seconds. The park did not explain the significance of the scan and, consequently, the patron did not provide informed consent.

Aside from being a roller coaster fanatic or water slide enthusiast, is the patron also an “aggrieved” plaintiff? If the patron is at Six Flags in Illinois, you bet. If the patron is wearing mouse ears en route to Magic Kingdom in Orlando, no. Well, not yet anyway. (We do not address Wally World in this article because Clark Griswold, a fictional character, has no access to courts.)