Illinois BIPA Statute of Limitations: Timelines for Filing Biometric Privacy Claims

When employers in Chicago, Springfield, and Naperville require workers to use fingerprint time clocks, retina scanners, or facial recognition software without written permission, they violate 740 ILCS 14/15. For years, employers argued that workers only had one year to sue. However, the Illinois Supreme Court clarified the rules, granting massive victories to employees. Understanding exactly how long you have to file a claim, when the clock starts, and how each scan impacts your timeline is crucial for protecting your right to compensation. If you suspect your biometric data was mishandled, you can use our directory to find a highly qualified Illinois privacy attorney to evaluate your case.

Step-by-Step Process to Calculate Your BIPA Timeline

Determining if your BIPA claim is still valid requires looking at your employment history and the specific technology your employer used. Follow these steps to see if your claim falls within the statute of limitations.

Step 1: Identify the First Unconsented Scan

Think back to your first day on the job or the day the company installed the new biometric system. Did human resources ask you to sign a specific release form explicitly mentioning the storage and destruction of your biometric data? If not, the very first time you placed your finger on that scanner was the first violation.

Step 2: Track the Ongoing Scans

Did you continue using the fingerprint clock every day to punch in and out? Under Illinois law, each individual time you scanned your finger without having signed a consent form constitutes a separate accrual of a violation, though scans that occurred more than 5 years ago are time-barred.

Step 3: Identify Your Last Day of Employment

If you no longer work for the company, note your exact termination or resignation date. Because you stopped using the scanner on your last day of work, your 5-year countdown window firmly begins ticking from that final scan.

Step 4: File the Class Action Complaint

Before the 5 years run out, your attorney must file a civil lawsuit. They will submit a Form Complaint/Petition, Illinois, Supreme Court, Complaint or Petition in the appropriate venue, such as the DuPage County Circuit Court, Wheaton or the Lake County Circuit Court, Waukegan, to formally pause the statute of limitations clock.

Tims v. Black Horse Carriers and the 5-Year Rule

For a long time, there was fierce debate in Illinois courts over whether BIPA claims had a 1-year statute of limitations (like defamation/privacy claims) or a 5-year timeline. In the landmark case Tims v. Black Horse Carriers, Inc., 2023 IL 127801 (IL Supreme Court 2023), the state's highest court definitively ruled that all claims brought under the Biometric Information Privacy Act are subject to the state's 5-year catch-all statute of limitations under 735 ILCS 5/13-205. This ruling provides plaintiffs across Illinois ample time to discover that their rights were violated and to organize a class-action lawsuit.

Cothron and the Separate Accrual Rule

Employers argued that the 5-year clock started solely the very first time an employee used a scanner, meaning long-term workers would lose their right to sue if their employment began over 5 years ago. In Cothron v. White Castle System, Inc., 2023 IL 128004 (IL Supreme Court 2023), the Illinois Supreme Court rejected both that single-accrual theory and the traditional continuing violation doctrine. Instead, the court adopted the separate accrual rule, holding that a separate claim accrues each and every time a private entity scans or transmits an individual's biometric identifier without prior consent. Under this rule, scans occurring outside the 5-year window are time-barred, but any unauthorized scan within the preceding 5 years remains actionable. Furthermore, under Public Act 103-0769 amending 740 ILCS 14/20, multiple collections using the same method constitute a single violation permitting one recovery, a damages cap held retroactive in Clay v. Union Pacific Railroad Co., 171 F.4th 975 (7th Cir. 2026).

Retroactive and Post-Termination Claims

Many workers in Aurora and Rockford only realize their privacy was violated after they leave a company. Because of the 5-year statute of limitations, you can file a BIPA claim long after your job termination. For example, if you quit your warehouse job three years ago, you still have roughly two years left to file a lawsuit for the unauthorized fingerprint scans that occurred during your employment. Your rights do not evaporate just because you handed in your uniform.

How Much Does it Cost to File in Illinois?

Pursuing a BIPA class action costs you nothing out of pocket. Illinois privacy lawyers take these cases on a contingency basis, fronting all the court fees, investigator costs, and filing expenses. The law firm only gets paid if they secure a settlement or win at trial, typically taking around one-third of the final recovery. The base filing fee for a civil complaint in an Illinois Circuit Court is generally between $300 and $400, but your attorney handles this expense.

How Long Does the Lawsuit Process Take?

While you have 5 years to file, the actual litigation process is lengthy. Once the lawsuit is filed in the Cook County Circuit Court, Chicago, the employer will usually file motions to dismiss. The class certification phase (where the judge agrees to let you represent all your coworkers) can take 12 to 18 months. Depending on the size of the company and their willingness to settle, a typical BIPA class action takes anywhere from 2 to 4 years to reach a final payout.

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