Illinois
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
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?
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. Second, the collection must be tied to Illinois. Third, the company must have failed to follow Section 15(b), which requires written notice of what is collected and why, plus a signed or electronically signed release, before the first scan. 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
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
- Cothron v. White Castle System, Inc., 2023 IL 128004(courtlistener.com)
- Tims v. Black Horse Carriers, Inc., 2023 IL 127801(courtlistener.com)