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BIPA Penalties Could Be Larger Than Expected Under New Illinois Rulings

Illinois Supreme Court dealt two significant blows to would be defendants under Illinois Biometric Information Protection Act BIPA. The two rulings, addressing counting claim accruals and the statute of limitations, increase potential damages by several orders of magnitude.

BIPA Claims Have Five Year Statute of Limitations

Illinois Supreme Court held all claims under Illinois Biometric Information Privacy Act BIPA havefive-year statute of limitations. In Tims v. Black Horse Carriers Inc. plaintiff alleged employer, which required employees to use fingertip scan time clock, violated BIPA.

CIPA Plaintiff To Amend Delayed Discovery Allegations

ActiveProspect achieved partial win in Javier v. Assurance IQ, with motion to dismiss granted because plaintiff failed to plead facts necessary for invoking delayed discovery doctrine. Plaintiff was aware of his injuries in January 2019, 1 year statute of limitations passed

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