On February 2, 2023, the Illinois Supreme Court held that all
causes of action brought under the Illinois Biometric Information
Privacy Act (BIPA), 740 ILCS 14/1 et seq., are
subject to a five-year statute of limitations. Tims v.
Black Horse Carriers, Inc., 2023 IL 127801 (Ill. 2023). The
Court's holding is the latest disappointment for Illinois
companies defending BIPA actions. The holding means the scourge of
BIPA litigation will continue.
IN DEPTH
WHAT HAPPENED
BIPA, on its face, does not include any express limitations
period. The plaintiffs asserted that Illinois' catch-all
five-year limitations period applied while the defendants argued
that the one-year limitations period related to privacy speech and
publication applied. After a multiyear journey through the courts,
the Illinois First District Appellate Court ultimately split the
baby in Tims and held that both time periods
applied:
