On February 17, 2023, the Illinois Supreme Court ruled 4-3 that violations of the Biometric Information Privacy Act (“BIPA”) (the country’s first biometric privacy legislation) accrue for each incident of capture or dissemination of biometric information, and not only once for each data subject. Cothron v. White Castle Systems found based on the plain language
BIPA
BIPA Claims Uniformly Have a 5-Year Statute of Limitations
By Jeffrey L. Poston, Jason Stiehl, Laura Foggan, Christiana State, Garylene “Gage” Javier & Alexis Ward on
Posted in BIPA
Key Takeaways
- A Potential Increase in Claims, Costs, and Damages
- Reduce Liability Through Transparency
On February 2, 2023, the Illinois Supreme Court ruled that all Biometric Information Privacy Act (“BIPA”) claims are uniformly subject to a five-year statute of limitations, expanding liability for businesses collecting biometric information.[1] In Tims v. Black Horse Carriers, Inc.…