Cothron v. White Castle System, Inc.

Court of Appeals certified following question to Illinois Supreme Court: “Do section 15(b) and 15(d) claims [under Illinois Biometric Information Privacy Act] accrue each time private entity scans a person’s biometric identifier and each time a private entity transmits such a scan to a third-party, respectively, or only upon the first scan and first transmission?” In its motion to dismiss, defendant-employer argued that plaintiff’s claims arose first time plaintiff scanned her fingerprint into its system after law took effect in 2008, and as such, plaintiff’s lawsuit was untimely under longest possible limitations period. Dist. Ct. denied defendant’s motion to dismiss, but certified issue for appellate review under 28 USC section 1292(b).