Illinois Supreme Court Holds Five-Year Limitations Period Applies To All BIPA Claims

The Illinois Supreme Court settled the statute of limitations question on the Illinois Biometric Information Privacy Act (BIPA) once and for all. In Tims v. Black Horse Carriers, Inc., Illinois’s highest court held on Feb. 2 that all violations of BIPA will receive a five-year statute of limitations resolving the dispute between the trial and appellate court. The court reversed an appellate court’s holding that found a one-year statute of limitation applicable for BIPA violations involving the dissemination of biometric information and profiting from such information, while other BIPA violations received a five-year statute of limitation.