Could the Illinois Biometric Information Privacy Act (BIPA) Have a One-Year Statute of Limitations?

Enacted in 2008, the Illinois Biometric Information Privacy Act (“BIPA”) regulates the collection, use, and retention of biometric identifiers such as fingerprints, voiceprints, and facial geometry, and imposes significant statutory penalties for noncompliance. Following the Illinois Supreme Court’s decision in Rosenbach v. Six Flags, which held that a bare statutory violation alone confers standing, BIPA litigation has surged, largely in the form of class actions. With standing arguments foreclosed, defendants have increasingly focused on whether BIPA claims are subject to a shorter statute of limitations. Although courts to date have applied the five-year catchall limitations period, pending appellate review may bring long-awaited clarity to this unsettled issue.