7th Circ. Weighs Asking Ill. Justices To Tackle BIPA Accrual

By Lauraann Wood (September 14, 2021, 7:05 PM EDT) -- The Seventh Circuit signaled Tuesday that it might be appropriate to send a biometric privacy case against White Castle to state court so the Illinois Supreme Court can determine when claims accrue under the state Biometric Information Privacy Act.

During oral arguments, a three-judge federal panel seemed unsure of White Castle System Inc.'s assertion that it can and should be the first appellate court to decide whether BIPA claims arise from each unlawful data collection or dissemination, or just the first. Given the lack of state appellate guidance on the issue, it "might be an appropriate occasion" to certify the question...

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