Illinois
BIPA Statute of Limitations: The 5-Year Deadline (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. · 3 primary sources cited on this page. How we verify our legal content
BIPA claims must be filed within five years. The Illinois Supreme Court settled this in Tims v. Black Horse Carriers (2023), applying Illinois's catch-all five-year limitations period to every claim under the Act.
Jurisdiction scope: This covers the filing deadline for claims under the Illinois Biometric Information Privacy Act (740 ILCS 14). It is general legal information, not legal advice; consult an attorney about your specific dates.
The Five-Year Deadline
A person bringing a BIPA claim generally has five years from when the claim accrues to file suit. That period comes from the catch-all limitations statute in Illinois, 735 ILCS 5/13-205, which applies to civil actions not given a different deadline elsewhere.
How Tims Settled the Question
BIPA itself contains no limitations period, which led to litigation over which general deadline applied. Defendants argued that the one-year limitations period for privacy and publication claims should govern at least some BIPA sections. In Tims v. Black Horse Carriers (2023 IL 127801), the Illinois Supreme Court rejected that split approach and held that the single five-year catch-all period applies to all BIPA claims, giving plaintiffs and defendants a clear and uniform rule.
When the Clock Starts
A BIPA claim accrues when the violation occurs, for example when biometric data is collected without the required notice and consent. In Cothron v. White Castle (2023 IL 128004), the court held that a new claim can accrue with each scan or transmission. The 2024 amendment did not change accrual, but it did limit a person to a single recovery for repeated collection by the same method, which affects how damages are counted rather than when the deadline runs. Because the timing of accrual can be fact-specific, anyone weighing a claim should confirm the dates with a lawyer.
More on BIPA
Frequently Asked Questions
How long do you have to file a BIPA claim?
Five years. The Illinois Supreme Court held in Tims v. Black Horse Carriers (2023 IL 127801) that the catch-all five-year limitations period in 735 ILCS 5/13-205 applies to all BIPA claims.
Was the BIPA deadline ever shorter?
Courts debated whether a one-year privacy limitations period applied to some BIPA sections, but Tims resolved that in 2023 by applying a single five-year period to all claims.
When does the BIPA clock start running?
Generally when the violation occurs, such as a collection without proper notice and consent. Under Cothron, a claim can accrue with each scan, though the 2024 amendment limits repeated same-method collection to one recovery.
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.
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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)
§ 20Right of actionIn forcecited in 11 of our articles
(a) Any person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. A prevailing party may recover for each violation: (1) against a private entity that negligently violates a provision of this Act, liquidated damages of $1,000 or actual damages, whichever is greater; (2) against a private entity that intentionally or recklessly violates a provision of this Act, liquidated damages of $5,000 or actual damages, whichever is greater; (3) reasonable attorneys' fees and costs, including expert witness fees and other litigation expenses; and (4) other relief, including an injunction, as the State or federal court may deem appropriate.
Official text (excerpt) · last checked 2026-08-28 · Read the full text in our law library · Verify at ilga.gov
Cited in 94 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Rosenbach v. Six Flags Entertainment Corp. (Illinois Supreme Court 2019, 2019 IL 123186)“…Illinois Biometric Information Privacy Act, 740 ILCS 14/20, and may seek statutory liquidated…”
- Cothron v. White Castle System, Inc. (Illinois Supreme Court 2023, 466 Ill. Dec. 85)“…scretionary rather than mandatory under the Act. See 740 ILCS 14/20 (West 2018) (detailing the amounts and…”
- Tims v. Black Horse Carriers, Inc. (Appellate Court of Illinois 2021, 451 Ill. Dec. 879)“…ainment Corp., 2019 IL 123186, ¶ 1 (quoting 740 ILCS 14/20 (West 2016)). ¶ 25 The Act works…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: BIPA Damages: What a Violation Is Worth (2026), Illinois AI Meeting Recording Laws (2026), BIPA Explained: Illinois Biometric Privacy Act (740 ILCS 14)
Illinois Compiled Statutes Chapter 735, Act 5 (Code of Civil Procedure)
§ 13-205Five year limitationIn forcecited in 6 of our articles
Except as provided in Section 2-725 of the "Uniform Commercial Code", approved July 31, 1961, as amended, and Section 11-13 of "The Illinois Public Aid Code", approved April 11, 1967, as amended, actions on unwritten contracts, expressed or implied, or on awards of arbitration, or to recover damages for an injury done to property, real or personal, or to recover the possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise provided for, shall be commenced within 5 years next after the cause of action accrued.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 400 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Sundance Homes, Inc. v. County of Du Page (Illinois Supreme Court 2001, 195 Ill. 2d 257)“…n period on "all civil actions not otherwise provided for." 735 ILCS 5/13-205 (West 1996). The county argued that the…”
- Richter v. Prairie Farms Dairy (Illinois Supreme Court 2016, 2016 IL 119518)“…vely, that the five-year statute of limitations (see 735 ILCS 5/13-205 (West 2012)) barred plaintiffs’ claims…”
- Armstrong v. Guigler (Illinois Supreme Court 1996, 174 Ill. 2d 281)“…tations for "all civil actions not otherwise provided for" (735 ILCS 5/13-205 (West 1992)), applies to a cause of act…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Illinois Scam and Fraud Laws: Where to Report, Your Right to Sue (2026), Illinois Car Accident Laws: Fault, Insurance, and Your Claim, Illinois Debt Collection Laws: The 15% Wage Cap, 2026 Exemption Increases, and Debt Deadlines
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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
- Cothron v. White Castle System, Inc., 2023 IL 128004(courtlistener.com)
- Tims v. Black Horse Carriers, Inc., 2023 IL 127801(courtlistener.com)