Illinois
Do You Have a BIPA Claim? Check Your Eligibility (2026)
Independently fact-checked against primary sources (last audited August 14, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 14, 2026. · 4 primary sources cited on this page. How we verify our legal content
You may have a BIPA claim if a private company in Illinois collected your fingerprint, face geometry, or voiceprint within the last five years without first giving you written notice and obtaining your consent. The quick checker below walks through the basics.
Jurisdiction scope: This helps you see whether your situation is the kind the Illinois Biometric Information Privacy Act (740 ILCS 14) covers. It is general legal information, not legal advice, and using the tool does not create an attorney-client relationship.
Check Your Situation
Do You Have a BIPA Claim?
Five quick questions to see whether your situation is the kind BIPA covers. This is general information, not legal advice, and it does not estimate any dollar amount.
1. Did a private company scan your fingerprint, face or hand geometry, or voiceprint (for example, a fingerprint timeclock at work, or a face-scan app)?
2. Did this happen in Illinois, or to you while you were an Illinois resident?
3. Did it happen within the last 5 years?
4. Was the entity a government agency, court, or other public body (rather than a private company)?
5. Did the company give you a written notice and obtain your written consent before the first scan?
Before you rely on this checker: BIPA does not apply to a bank, credit union, insurer, or other financial institution, or its affiliate, that is already regulated under Title V of the federal Gramm-Leach-Bliley Act (740 ILCS 14/25(c)). It also does not apply to a contractor, subcontractor, or agent of a State agency or local unit of government when that company is working for that agency or unit (740 ILCS 14/25(e)), which covers the common case of a private vendor running a government fingerprint or timekeeping system. Neither exclusion is built into the checker above, so if either one describes the company that collected your biometric data, its result does not apply to you.
What BIPA Requires for a Claim
A BIPA claim generally has a few core pieces. First, a private entity, not a government body, must have collected one of the biometric identifiers BIPA covers: a fingerprint, a retina or iris scan, a voiceprint, or a scan of hand or face geometry. BIPA also does not apply to a bank, credit union, insurer, or other financial institution, or its affiliate, that is already regulated under Title V of the federal Gramm-Leach-Bliley Act (740 ILCS 14/25(c)), and it does not apply to a contractor, subcontractor, or agent of a State agency or local unit of government when that company is working for that agency or unit (740 ILCS 14/25(e)). Second, the collection must be tied to Illinois. Third, the company must have failed to follow Section 15(b), which requires three things before the first scan: written notice that a biometric identifier or biometric information is being collected or stored, written notice of the specific purpose and the length of term for which it is collected, stored, and used, and a written release executed by you. A company that told you what it was collecting and why but never disclosed how long it would keep the data has still failed Section 15(b). Under Rosenbach v. Six Flags (2019), you do not need to show any additional injury; the violation of your rights is enough to sue.
The most common scenario is an employee whose fingerprint was used for a timeclock without any consent paperwork. Others involve face-scan apps, photo-tagging features, and voice-authentication systems.
If You May Have a Claim
If the checker suggests your situation fits, the next step is to speak with an attorney licensed in Illinois, who can evaluate the facts the tool cannot capture, confirm the timing under the five-year deadline, and explain how recoveries actually work. For background on the numbers, see our BIPA damages page, which explains why real-world payouts are usually much smaller than the statutory figures.
More on BIPA
Frequently Asked Questions
Who can file a BIPA claim?
Any person whose biometric data was collected by a private company in Illinois without the written notice and consent BIPA requires. BIPA's private right of action lets individuals sue directly.
Can I sue if my employer used a fingerprint timeclock?
Possibly. If the employer collected your fingerprint without first giving written notice of what was being collected, of the specific purpose, and of how long the data would be kept, and without obtaining your written release, that is the most common basis for a BIPA claim. The exact facts and timing matter, so consult a lawyer.
Does BIPA cover face-scan or voice apps?
Yes. BIPA covers scans of face geometry and voiceprints as well as fingerprints, so face-tagging, face-scan, and voice-authentication systems can fall under it.
How long do I have to file?
Five years from the violation, under Tims v. Black Horse Carriers (2023). A lawyer can confirm whether your specific dates are within the deadline.
Affected by a data breach or biometric privacy violation?
If your personal data was exposed in a breach, or your fingerprint or face scan was collected without your consent, you may be eligible to join a claim for compensation. Find out for free, with no obligation.
Updates
Corrected the Section 15(b) notice test to include the required disclosure of the length of term biometric data is kept, and added the statutory exemption for contractors and agents working for a State agency or local government to the list of entities BIPA does not cover.
Added BIPA's financial-institution exclusion (banks, credit unions, insurers, and their affiliates regulated under the federal Gramm-Leach-Bliley Act) to the eligibility guidance and a note next to the claim checker tool, fixed a dead citation link, and replaced an unused case citation with Rosenbach v. Six Flags, the case the article actually relies on.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Illinois Compiled Statutes Chapter 740, Act 14 (Biometric Information Privacy Act)
§ 15Retention; collection; disclosure; destructionIn forcecited in 5 of our articles
(a) A private entity in possession of biometric identifiers or biometric information must develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within 3 years of the individual's last interaction with the private entity, whichever occurs first. Absent a valid warrant or subpoena issued by a court of competent jurisdiction, a private entity in possession of biometric identifiers or biometric information must comply with its established retention schedule and destruction guidelines.
Official text (excerpt) · last checked 2026-08-28 · Read the full text in our law library · Verify at ilga.gov
Also relied on in: BIPA Compliance for Employers (2026): Step-by-Step, BIPA Explained: Illinois Biometric Privacy Act (740 ILCS 14), Illinois Data Privacy Laws: BIPA, Consumer Rights & Penalties (2026)
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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
- Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186(illinoiscourts.gov).gov
- Tims v. Black Horse Carriers, Inc., 2023 IL 127801(courtlistener.com)
- 740 ILCS 14/15 - Retention; collection; disclosure; destruction(ilga.gov)
- 740 ILCS 14/25 - Construction (exclusions, including 25(c) and 25(e))(ilga.gov)