Cothron v. White Castle
Cothron v. White Castle — Illinois Supreme Court Per-Scan BIPA Damages Accrual
IL · Cothron v. White Castle Sys., Inc., 2023 IL 128004
- Status
- In effect
- Took effect
- February 17, 2023
- Applies to
- Illinois employers and private entities using biometric authentication
The Illinois Supreme Court held in February 2023 that BIPA claims accrue each time a biometric identifier is captured or disclosed — so a fingerprint scan to clock in twice a day for years generates thousands of separate violations per worker. The ruling forced the Illinois legislature to amend BIPA in 2024 to cap per-method accrual (P.A. 103-0769).
Who is protected: Illinois workers and consumers subject to repeated biometric scans
Legal detail
Cothron v. White Castle System, Inc., 2023 IL 128004 (Ill. Feb. 17, 2023). Holding: BIPA § 15(b) and (d) violations accrue each time biometric data is collected or disclosed, not only at the first instance. Damages: $1,000 negligent / $5,000 intentional per violation. Aug. 2, 2024: P.A. 103-0769 amended BIPA to limit recovery to a single accrual per person per collection method going forward.
Key facts
| Jurisdiction | IL |
|---|---|
| Level | State |
| Strength | Limited |
| Citation | Cothron v. White Castle Sys., Inc., 2023 IL 128004 |
| Topics | biometric data · consumer data privacy · AI hiring and employment |
| Court record | Cothron v. White Castle — Illinois Supreme Court opinion |
More AI rules in IL
- IL Bar AI Standing Committee · In effect
- IL Digital Voice/Likeness Act · In effect
- IL WOPR (AI therapy ban) · In effect
- IL EO 2024-01 · In effect
- IL AI Video Interview Act (2019, first-in-nation) · In effect
- IL BIPA (2008, first-in-nation biometric law) · In effect
Related biometric data rules elsewhere
- Virginia § 15.2-1723.2 (facial recognition by local law enforcement, eff. July 1, 2026) · In effect
- Bristol VA PD facial recognition program (first VA local agency) · In effect
- Dallas PD Clearview AI facial recognition policy · In effect
- Ban biometric recognition in public accommodations (Ban The Scan) · Proposed / pending
- Limit facial recognition in residential buildings (Ban The Scan) · Proposed / pending
- Texas v. Google · In effect
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