ANALYSIS: Why Illinois BIPA Cases Will Spur Big-Damage Lawsuits

Two surprising decisions from the Illinois Supreme Court in February are broadening the scope of the state’s landmark biometric privacy law, exposing noncompliant employers to the threat of more potential class actions—with larger damage awards—than ever before.

The court clarified that claims filed under the state’s Biometric Information Privacy Act (BIPA) have a five-year statute of limitations and determined that claims accrue every time a violation occurs, not just on the first unlawful collection or use.

These holdings likely signal a new era of BIPA litigation by answering questions that have plagued courts for years—and raising a host of additional ...