After its February 2, 2023, decision in Tims v. Black Horse Carriers, Inc., which held that a five-year statute of limitations applies to all claims brought under the Illinois Biometric Information Privacy Act (“BIPA”), the Illinois Supreme Court has now answered the question of when a BIPA claim accrues: each time an entity scans or transmits an individual’s biometric identifier or information.
Continue Reading BIPA Claims Accrue at Each Scan or Transmission, per Illinois Supreme Court
Today, the Illinois Supreme Court issued a long-awaited and highly-anticipated decision in Tims v. Black Horse Carriers, Inc., which is sure to have a long-term ripple effect on litigation under the Illinois Biometric Information Privacy Act (“BIPA”) going forward. With no dissenting opinion, the Supreme Court reversed the Illinois First District Appellate Court’s decision applying two separate statutes of limitation depending on the section under which a plaintiff’s BIPA claim is brought. The Supreme Court held instead that the five-year catchall statute of limitations period contained in the Illinois Code of Civil Procedure applies to all BIPA claims. Specifically, the Supreme Court held that two separate statutes of limitation go against Illinois public policy and could cause an “unclear, inconvenient, inconsistent, and potentially unworkable regime” for BIPA litigation.
On Wednesday, a federal jury broke new ground for lawsuits alleging violations of the Illinois Biometric Information Privacy Act (BIPA). Rogers v. BNSF Railway Co. is the first BIPA class action to go to trial in Illinois, and after only five days of trial and a mere hour of deliberation, the jury returned a verdict in favor of the plaintiff resulting in a whopping $228 million damage award to the class.
Continue Reading Are BIPA Claims a Runaway Train? Defendant Hit With $228 Million Federal Jury Verdict in Rogers v. BNSF Railway