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 the aftermath of two recent appellate court decisions addressing when claims under the Illinois Biometric Information Privacy Act accrue, it appears likely that the Illinois Supreme Court will need to provide clarity on this critical question.