2023 IL 128004
Ill.2023Background
- Plaintiff Latrina Cothron, a White Castle employee since 2004, was required to scan fingerprints to access paystubs and computers; White Castle used a third‑party vendor to authenticate scans.
- Illinois’s Biometric Information Privacy Act (BIPA) took effect in 2008; sections at issue prohibit (b) collection without prior written notice and consent and (d) disclosure without consent.
- Cothron alleges White Castle did not obtain consent until 2018 and therefore unlawfully collected and disclosed her biometric data for years.
- The district court denied White Castle’s motion for judgment on the pleadings, holding claims accrue on each unlawful scan/transmission; the Seventh Circuit certified the accrual question to the Illinois Supreme Court.
- The Illinois Supreme Court answered the certified question: a separate claim accrues under BIPA §15(b) and §15(d) each time a private entity scans (collects/captures) or transmits (discloses) biometric identifiers/information without prior informed consent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a §15(b) claim accrues each time a biometric is scanned/collected or only upon the first collection | Each unlawful scan/capture is a separate statutory violation and therefore accrues a new claim | Accrual occurs only on the initial collection (single loss of control/privacy) | Each scanning/collection without prior consent gives rise to a separate §15(b) claim |
| Whether a §15(d) claim accrues each time biometric information is transmitted to a third party or only upon the first transmission | Every transmission (including repeated transmissions) without consent is a separate violation | A disclosure (and hence injury) occurs only on the first revelation to a third party; redisclosure means disclosure to new downstream parties | Each transmission/dissemination without prior consent gives rise to a separate §15(d) claim |
Key Cases Cited
- Feltmeier v. Feltmeier, 207 Ill. 2d 263 (2003) (limitations period begins when a legal right is invaded; single‑overt‑act accrual rule)
- Cothron v. White Castle System, Inc., 20 F.4th 1156 (7th Cir.) (Seventh Circuit certified the accrual question to the Illinois Supreme Court)
- Cothron v. White Castle System, Inc., 477 F. Supp. 3d 723 (N.D. Ill. 2020) (district court denied judgment on the pleadings; held each scan/transmission can give rise to a claim)
- Krohe v. City of Bloomington, 204 Ill. 2d 392 (2003) (statutory‑construction principles: give effect to statutory text)
- Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186 (Illinois Supreme Court) (BIPA violation itself constitutes the injury; plaintiff need not plead actual damages)