Illinois
BIPA Statute of Limitations: The 5-Year Deadline (2026)
BIPA claims must be filed within five years. The Illinois Supreme Court settled this in Tims v. Black Horse Carriers (2023), applying Illinois's catch-all five-year limitations period to every claim under the Act.
Jurisdiction scope: This covers the filing deadline for claims under the Illinois Biometric Information Privacy Act (740 ILCS 14). It is general legal information, not legal advice; consult an attorney about your specific dates.
The Five-Year Deadline
A person bringing a BIPA claim generally has five years from when the claim accrues to file suit. That period comes from the catch-all limitations statute in Illinois, 735 ILCS 5/13-205, which applies to civil actions not given a different deadline elsewhere.
How Tims Settled the Question
BIPA itself contains no limitations period, which led to litigation over which general deadline applied. Defendants argued that the one-year limitations period for privacy and publication claims should govern at least some BIPA sections. In Tims v. Black Horse Carriers (2023 IL 127801), the Illinois Supreme Court rejected that split approach and held that the single five-year catch-all period applies to all BIPA claims, giving plaintiffs and defendants a clear and uniform rule.
When the Clock Starts
A BIPA claim accrues when the violation occurs, for example when biometric data is collected without the required notice and consent. In Cothron v. White Castle (2023 IL 128004), the court held that a new claim can accrue with each scan or transmission. The 2024 amendment did not change accrual, but it did limit a person to a single recovery for repeated collection by the same method, which affects how damages are counted rather than when the deadline runs. Because the timing of accrual can be fact-specific, anyone weighing a claim should confirm the dates with a lawyer.
More on BIPA
Frequently Asked Questions
How long do you have to file a BIPA claim?
Five years. The Illinois Supreme Court held in Tims v. Black Horse Carriers (2023 IL 127801) that the catch-all five-year limitations period in 735 ILCS 5/13-205 applies to all BIPA claims.
Was the BIPA deadline ever shorter?
Courts debated whether a one-year privacy limitations period applied to some BIPA sections, but Tims resolved that in 2023 by applying a single five-year period to all claims.
When does the BIPA clock start running?
Generally when the violation occurs, such as a collection without proper notice and consent. Under Cothron, a claim can accrue with each scan, though the 2024 amendment limits repeated same-method collection to one recovery.
Sources and References
- Illinois Biometric Information Privacy Act, 740 ILCS 14(ilga.gov).gov
- 740 ILCS 14/20 - Right of Action and Damages(ilga.gov).gov
- Public Act 103-0769 (SB 2979) - 2024 BIPA Amendment(ilga.gov).gov
- Cothron v. White Castle System, Inc., 2023 IL 128004(courtlistener.com)
- Tims v. Black Horse Carriers, Inc., 2023 IL 127801(courtlistener.com)