Tims v. Black Horse Carriers, Inc.

This case presents question as to whether one-year limitations period under section 13-201 of Code of Civil Procedure applied to claims under Biometric Information Privacy Act (BIPA) or five-year limitations period under section 13-205 of Code of Civil Procedure applied to said claims. Plaintiff filed his claims under section 15(a)(b) and (d) of BIPA, and trial court denied defendant’s motion to dismiss said claims based on timeliness grounds. Appellate Court found that one-year limitations period under section 13-201 applied to actions under section 15(c) and (d) of BIPA, but that five-year limitations period under section 13-205 governed actions under sections 15(a), (b) and (e) of BIPA.