Q: Does a BIPA claim accrue each time a person’s biometrics are scanned or only with the first such scan?

A: A BIPA claim accrues with each scan.

On February 17, the Illinois Supreme Court issued its long-awaited decision in Cothron v. White Castle, holding that a claim under Illinois’ Biometric Information Privacy Act (BIPA) is triggered upon each biometric scan, rather than just the first. The court’s 4-3 decision significantly expands the exposure BIPA defendants face.…

Continue Reading Illinois Supreme Court Rules BIPA Claims Accrue With Each Scan