White Castle Aims To Whittle Down BIPA's Scope

By Lauraann Wood (May 16, 2022, 4:38 PM EDT) — The Illinois Supreme Court on Tuesday will hear White Castle’s argument that state biometric privacy claims accrue only one time in a case that could dramatically rein in the potential scope and damages size of claims that companies violated individuals’ privacy.

White Castle System Inc. and employee Latrina Cothron will present oral arguments Tuesday as they ask the court to determine whether a company violates the Illinois Biometric Information Privacy Act each time it unlawfully scans and discloses their information, or just the first. The same question of accrual would impact many other kinds of BIPA claims, including those targeting the…

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