Illinois Supreme Court held all causes of action brought under Illinois Biometric Information Privacy Act BIPA are subject to five-year statute of limitations. Tims v. Black Horse Carriers. Holding is the latest disappointment for Illinois companies defending BIPA actions.
In Cothron v. White Castle System, a 4 to 3 decision the Illinois Supreme Court held claims under sections 15b and 15d of Illinois’ BIPA accrue each time they collect a biometric identifier and each time a private entity transmits such a biometric identifier to a third party.
In Tims v. Black Horse Carriers, the Court held that plaintiffs have five years to file any BIPA claim. Disagreeing with the lower appellate court, which found a 1 year period applied to some claims. The five-year period comes from a catch-all statute of limitations.
Illinois supreme court expansion of look-back period to five years for BIPA claims, Tims v. Black Horse Carriers ruling will increase Illinois Biometric Information Privacy Act BIPA liability for businesses, employers, HR pros should be aware of BIPA liability for five years
The Illinois Supreme Court ruled in the widely watched Tims v. Black Horse Carriers, Inc. case and unanimously held a 5 year statute of limitations applies to all causes of action alleging violations under all sections of the Illinois Biometric Information Privacy Act, BIPA.