The Illinois Supreme Court's most recent rulings have cut
both ways while further clarifying the contours of litigating
Illinois Biometric Information Privacy Act ("BIPA")
claims. On one hand, its decision in the Cothron v. White
Castle
System case seemingly continues its trend to expand
theoretical BIPA liability by both greatly magnifying the scope of
theoretical liquidated damages while spurring even more litigation.
Yet the Court's decision in Walton v. Roosevelt
University offers a reprieve to employers defending BIPA
claims.
White Castle v. Cothron
Cothron's facts resemble many BIPA claims populating
Illinois dockets: a plaintiff filed suit alleging that their
employer's implementation of a biometrically-enabled
timekeeping system violated BIPA. The plaintiff's lawsuit was
premised on the employer's failure to obtain a written release
prior to the employee's use of that timekeeping
system. Cothron introduced a wrinkle bringing the issue
of claim accrual
