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Illinois Appellate Court Clarifies Biometric Privacy Claim Accrual

Dec. 16, 2021, 8:03 PM

An Illinois state appellate court reversed and remanded a lower court’s biometric privacy ruling, finding that the court had erred in dismissing two defendants, a long-term care facility and its provider, from a proposed class action.

Because Biometric Information Privacy Act claims may accrue with each alleged violation, and not just the first one, the long-term care facility and provider’s alleged conduct fell within the law’s statute of limitations and they therefore should not have been dismissed from the action, Presiding Justice Robert E. Gordon wrote in an opinion filed Wednesday in the Appellate Court of Illinois, First District.

Plaintiff ...