A decision was issued in Cothron v. White Castle Sys. by the U.S. Court of Appeals for the Seventh Circuit on whether claims asserted under Sections 15(b) and 15(d) of the Illinois Biometric Information Protection Act (BIPA) accrue only once upon the initial collection of disclosure of biometric information, or each time a private entity collects or discloses biometric information. Upon Plaintiff’s request, the Seventh Circuit certified the issues to the Illinois Supreme Court. The background of the case involves an employee who was working for White Castle in 2004 who brought a class action, alleging the company violated the two sections of the BIPA.
