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Statute of Limitations › Data Privacy

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
King & Spalding

Illinois BIPA Reform Takes Effect

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The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more

ArentFox Schiff

Class Action Year in Review: Biometric Privacy

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2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

Troutman Pepper

Illinois Court Eliminates Another BIPA Defense

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This summer, the U.S. District Court for the Southern District of Illinois further bolstered Illinois’ Biometric Information Privacy Act’s (BIPA) nearly unfettered private right of action in Lewis v. Maverick Transportation....more

Seyfarth Shaw LLP

Federal Court Rejects Application of BIPA Statute of Limitations to Privacy Act Violations

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Seyfarth Synopsis: The U.S. District Court for the Northern District of Illinois recently denied Plaintiff’s motion to reconsider a prior dismissal of his privacy action due to untimeliness. In a case titled Bonilla, et al....more

Shook, Hardy & Bacon L.L.P.

BIPA After Tims and White Castle: Now What?

Shook, Hardy & Bacon L.L.P. on

As you likely heard, in two recent rulings, the Illinois Supreme Court finally addressed important statute-of-limitations issues. In Tims v. Black Horse Carriers, the Supreme Court ruled that a five-year statute of...more

Eversheds Sutherland (US) LLP

From bad to worse: Two Illinois Supreme Court decisions expand scope of potential damages under Biometric Information Privacy Act

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For several years, companies that collect, use, and store the biometric information of Illinois residents have lived in fear of violating the Biometric Information Privacy Act (BIPA), due to a tidal wave of class action...more

Blank Rome LLP

Illinois Supreme Court Dramatically Expands Liability by Ruling Each Scan of a Biometric Identifier Is a Separate Violation

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In a 4-3 split, the Illinois Supreme Court ruled earlier this month that claims under Sections 15(b) and 15(d) of the Illinois Biometric Information Privacy Act (“BIPA”) accrue each time a private entity scans a person’s...more

ArentFox Schiff

Illinois Supreme Court Holds That Every Unlawful Biometric Scan or Transmission is Separate BIPA Claim

ArentFox Schiff on

A split Illinois Supreme Court issued on Friday another long-awaited decision interpreting the Illinois Biometric Information Privacy Act (BIPA), holding that a separate BIPA violation occurs with each undisclosed and...more

BakerHostetler

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

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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...more

Epstein Becker & Green

Illinois Supreme Court Holds That Five Year Statute of Limitations Applies to All BIPA Claims

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On February 2, 2023, the Illinois Supreme Court filed an opinion in Jorome Tims v. Black Horse Carriers, Inc., holding that Illinois’ Biometric Information Privacy Act (BIPA) is subject to a single, five-year statute of...more

WilmerHale

Illinois Supreme Court Finds 5-Year Limitations Period for Biometric Information Privacy Act Claims

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On February 2, 2023, the Illinois Supreme Court held in a unanimous opinion that individuals have five years after an alleged violation to bring claims under the state’s Biometric Information Privacy Act (BIPA). This ruling...more

Laner Muchin, Ltd.

Illinois Supreme Court Rules a Five-Year Statute of Limitations Applies to BIPA Claims

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On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information...more

Blank Rome LLP

Illinois Supreme Court Holds Five-Year Statute of Limitations Applies to All Biometric Information Privacy Act Claims

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In a highly anticipated decision, the Illinois Supreme Court in Tims v. Blackhorse Carriers, Inc., 2023 IL 127801 (Feb. 2, 2023), recently resolved longstanding uncertainty about the statute of limitations under the Illinois...more

Polsinelli

Biometric Claims Subject to Five-Year Statute of Limitations Under Illinois BIPA

Polsinelli on

The Supreme Court of Illinois recently resolved an outstanding and hotly debated question – claims brought under the Illinois Biometric Information and Privacy Act (BIPA) are subject to a five-year statute of limitations. The...more

Troutman Pepper

BIPA Claims Receive Five-Year Limitations Period

Troutman Pepper on

On February 2, the Illinois Supreme Court determined in Tims v. Blackhorse Carriers, Inc. that all claims under the Biometric Information Privacy Act (BIPA) have a five-year statute of limitations. This ruling clarified the...more

Cozen O'Connor

Biometrics Update: Class Plaintiffs Have 5 Years to Bring Claims Under Illinois’s BIPA

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On February 2, 2023, the Supreme Court of Illinois ruled that the state’s Biometric Information Privacy Act (BIPA or the Act) is subject to a five-year “catch-all” statute of limitations. In so ruling, the court settled a...more

McGuireWoods LLP

Five Years It Is — Illinois Supreme Court Decides BIPA Statute of Limitations

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In a unanimous decision, the Illinois Supreme Court held that an appellate court erred “in applying two different statutes of limitations” to Illinois’ Biometric Information and Privacy Act (BIPA). Accordingly, all BIPA...more

Faegre Drinker Biddle & Reath LLP

Illinois Supreme Court Applies Five-Year Statute of Limitations on All BIPA Claims

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Under the Illinois Supreme Court’s recent decision in Tims v. Black Horse Carriers, Inc., 2023 IL 127801, individuals now have five years to file claims under any and all subsections of the Illinois Biometric Information...more

ArentFox Schiff

Illinois Supreme Court: All BIPA Claims Subject to Five-Year Statute of Limitations

ArentFox Schiff on

In a long-awaited development, on February 2, 2023, the Illinois Supreme Court held that all claims under the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations. In Tims v....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Rules Privacy Act Claims Have Five Year Statute of Limitations

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On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations. The...more

Jenner & Block

Client Alert: Illinois Supreme Court Holds That BIPA Has a Five-Year Statute of Limitations

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In an opinion issued yesterday in Tims et al. v. Black Horse Carriers, Inc., the Illinois Supreme Court answered a long-unresolved question concerning the statute of limitations for claims under Illinois’s Biometric...more

Katten Muchin Rosenman LLP

Illinois’ Highest Court Holds That BIPA Claims are Subject to a Five-Year Statute of Limitations, Not One Year

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In a significant shift in law, the Illinois Supreme Court recently held that all claims under the Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations. This reverses prior case law that...more

BCLP

Illinois Supreme Court expands biometric privacy stakes

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Individuals now have five years to initiate claims after the Illinois Supreme Court expanded the BIPA stakes by ruling that the Illinois Biometric Privacy Act is not subject to Illinois’ one-year statute of limitations for...more

Orrick, Herrington & Sutcliffe LLP

Illinois Supreme Court sets five-year SOL for section 15 BIPA violations

Orrick, Herrington & Sutcliffe LLP on

On February 2, the Illinois Supreme Court held that under the state’s Biometric Information Privacy Act (BIPA), individuals have five years to assert violations of section 15 of the statute. ...more

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