Do You Have a BIPA Claim? Check Your Eligibility (2026)

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

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

• BIPA: the full guide
• BIPA damages
• BIPA statute of limitations
• BIPA compliance for employers
• Do you have a BIPA claim?

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.