The Illinois Supreme Court has ruled out the possibility of a one-year statute of limitations for claims under the Illinois Biometric Information Privacy Act (BIPA). Tims v. Blackhorse Carriers, Inc., No. 127801 (Feb. 2, 2023).
In answer to the certified question of whether the limitations period under section 13-201 of the Illinois Code of Civil Procedure for claims involving “actions for slander, libel or for publication of matter involving the right of privacy” or the five year “catchall” limitations period for personal actions codified in section 13-205 of the Code governs claims under BIPA, the Court found that, because the statute does not have its own limitations period, the “catchall” five-year statute of limitations period must apply.
The decision could have a significant impact on the scope of potential damages for BIPA violations, particularly as to classwide liability, and on the continuing rise of BIPA class action filings.
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