Illinois Supreme Court: Sections 15(b) and 15(d) BIPA Claims Accrue with Each Scan or Transmission

Today the Illinois Supreme Court issued a decision in Cothron v. White Castle System, Inc. 2023 IL 128004, in which the court held that the statute of limitations accrues with each scan or transmission of biometric identifiers or biometric information for claims arising under Sections 15(b) and 15(d) of the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (BIPA). Section 15(b) pertains to notice and written consent before collecting, capturing, purchasing, receiving through trade, or otherwise obtaining biometric data. Section 15(d) pertains to the disclosure, redisclosure, or dissemination of biometric data without consent.

In Cothron, the plaintiff, a manager of a White Castle System Inc. (White Castle) restaurant, filed in the Circuit Court of Cook County a putative BIPA class action, which was subsequently removed to the U.S. District Court for the Northern District of Illinois. The plaintiff alleged that in 2004, White Castle implemented a system that required employees to scan their fingerprints to access their pay stubs and computers and that

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