February 2023 was a momentous month for Illinois’ Biometric Information Privacy Act (BIPA). Just two weeks after imposing a 5-year time limit for all BIPA claims, the Illinois Supreme Court resolved another pressing issue. In Cothron v. White Castle System, Inc., the Illinois Supreme Court considered whether a BIPA claim accrues every time a company scans or transmits a person’s biometric identifier (e.g., fingerprint) without consent. In a closely divided 4-3 ruling, the Court answered “yes.”
Continue Reading Illinois High Court Rules “Per-Scan” Damages Can Be Awarded Under BIPA