The Statute Of Limitations Debate Is Over But That’s Not All Tims Does

The Illinois Supreme Court issued a much-anticipated opinion in Tims v. Black Horse Carriers, Inc., 2023 IL 127801 on February 2, 2023. Tims settles -- once and for all -- the burning question of which statute of limitations applies to claims advanced under the Illinois Biometric Information Privacy Act (‘BIPA’).

Under the appellate opinion, Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563, BIPA litigants were arguably subject to two putative class periods depending on which BIPA violations were alleged. But that is now over.

All BIPA claims are subject to a five-year statute of limitations. Period. End of Story. Except in the context of litigating the reach and contours of BIPA for purposes of liability coverage.

The full impact of the definitive answer relative to the applicable limitations period will not be known until the Illinois Supreme Court answers the certified question on accrual -- a decision just as anticipated as Tims was.

But reading Tims as only answering the limitations question overlooks the opinion’s more subtle impact which relates to the ongoing dispute on the availability of insurance coverage.