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Biometric

Illinois Biometric Information Privacy Act (BIPA)

Collecting, storing, using, disclosing or profiting from biometric identifiers without the written notice, purpose disclosure, retention schedule and signed release the statute requires.

Pleaded in 14 of the 98 matters on this docket

Governing law

740 ILCS 14/1 et seq. — section 15(a) retention policy, 15(b) informed written consent, 15(c) no profiting, 15(d) no disclosure; damages at section 20

Damages

Section 20 provides liquidated damages of $1,000 per negligent violation or $5,000 per intentional or reckless violation, or actual damages if greater, plus fees and injunctive relief. Public Act 103-0769, effective August 2, 2024, limits accrual to a single recovery per person per collection method, overriding Cothron v. White Castle's per-scan accrual.

Limitations period

Five years for all BIPA claims, Tims v. Black Horse Carriers, 2023 IL 127801.

Reference material about publicly available law, current as of the date this file was compiled. It is not legal advice and it does not describe anyone’s particular situation. Statutes and limitations periods vary by jurisdiction and change.

Matters pleading this claim

All causes of actionThe litigation docket