Illinois’ Biometric Information Privacy Act (BIPA) is one of the nation’s toughest laws regulating the collection, storage, and use of biometric identifiers. The Illinois Supreme Court is considering two cases that may have significant ramifications for companies that have potential exposure under the law. In Cothron v. White Castle System, Inc., the Illinois Supreme Court will determine whether claims alleging BIPA violations accrue each time a company scans a person’s biometric identifier, or only upon the first scan. A per-scan theory of claim accrual could lead to significantly greater damages for companies doing business in Illinois, despite a courts’ power under the statute to exercise discretion in awarding statutory damages. In a second case, the Court will determine the applicable statute of limitations period for BIPA claims. The Illinois Appellate Court previously held a 1-year limitations period applies to BIPA claims involving allegations of data publication, while Illinois’ 5-year catch-all limitations period applies to other claims.