Illinois Employers on Notice: BIPA Claims Accrue With Each Scan or Transmission, Court Says

Just as the wave of Illinois Biometric Information Privacy Act (BIPA) class action lawsuits seemed to have crested, the Illinois Supreme Court handed down a 4-3 decision that will undoubtedly spur further BIPA litigation. Last week, in Cothron v. White Castle System, Inc., the state’s high court ruled that a separate claim accrues under BIPA each time an entity scans or transmits an individual’s biometric information. These hits just keep on coming from the Supreme Court, which ruled a few weeks ago that all BIPA claims were subject to a five-year look-back.