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Appellate Court of Illinois, First District, Sixth Division
September 17, 2021, Decided
JUSTICE HARRIS delivered the judgment of the court, with opinion.
Justice Mikva and Justice Oden Johnson concurred in the judgment and opinion.
[*P1] This case concerns a class action brought by plaintiffs Jorome Tims and Isaac Watson against defendant Black Horse Carriers, Inc., under the Biometric Information Privacy Act (Act). 740 ILCS 14/1 et seq (West 2018). Defendant brings this interlocutory appeal from circuit court orders denying its motion to dismiss on limitation grounds, denying reconsideration of the same, and certifying a question to [**2] this court: whether the limitation period in section 13-201 or section 13-205 of the Code of Civil Procedure (Code) applies to claims under the Act. 735 ILCS 5/13-201, 13-205 (West 2018). On appeal, defendant contends that the one-year limitation period under section 13-201 governs claims under the Act, while plaintiffs contend that the five-year period in section 13-205 governs. As explained below, we answer the certified question as follows: section 13-201 governs actions under section 15(c) and (d) of the Act, and section 13-205 governs actions under section 15(a), (b), and (e) of the Act. 740 ILCS 14/15 (West 2018).
[*P2] I. JURISDICTION
[*P3] Plaintiffs filed and amended their complaint in 2019 and the trial court denied defendant's motion to dismiss in September 2019. The court denied reconsideration and certified the aforesaid question to this court on February 26, 2020. Defendant applied to this court for leave to appeal on March 27, 2020, which we granted on April 23, 2020. Thus, we have jurisdiction pursuant to article VI, section 6, of the Illinois Constitution (Ill. Const. 1970, art. VI, § 6) and Illinois Supreme Court Rule 308 (eff. Oct. 1, 2019), governing interlocutory appeals upon certified questions of law.
[*P4] II. BACKGROUND
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2021 IL App (1st) 200563 *; 2021 Ill. App. LEXIS 506 **
JOROME TIMS and ISAAC WATSON, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellees, v. BLACK HORSE CARRIERS, INC., Defendant-Appellant.
Subsequent History: Appeal granted by Tims v. Black Horse Carriers, Inc., 2022 Ill. LEXIS 89 (Ill., Jan. 26, 2022)
Prior History: [**1] Appeal from the Circuit Court of Cook County. No. 19 CH 3522. Honorable David B. Atkins, Judge presiding.
Disposition: Certified question answered; cause remanded.
biometric, limitations period, identifiers, privacy, private entity, fingerprints, violating, right to privacy, disseminate, disclosure, scanned, privacy action, retention, one-year, liquidated damages, motion to dismiss, aggrieved person, reconsideration, collecting, employees, seclusion, disclose, damages
Civil Procedure, Appeals, Appellate Jurisdiction, Certified Questions, Standards of Review, De Novo Review, Questions of Fact & Law, Governments, Legislation, Interpretation, Statute of Limitations, Time Limitations, Torts, Intentional Torts, Defamation, Libel, Defenses, Statute of Limitations, Slander, Invasion of Privacy, Appropriation, Defenses, Public Disclosure of Private Facts, Elements, Intrusions, Business & Corporate Compliance, Computer & Internet Law, Privacy & Security, State Regulation, Administrative Law, Enforcement, Remedies, Damages