Aftermath of the Ninth Circuit BIPA Liability Shake‑Up in Zellmer v. Meta

Prospective defendants in Illinois Biometric Information Privacy Act (BIPA) cases may have rested a little easier following a Ninth Circuit Court of Appeals decision finding that biometric identifiers must actually identify someone to be covered under the statute. District courts in the Seventh Circuit, however, have not agreed, setting up a potential circuit split on the issue. With insights from partners at Blank Rome, Bradley Arant Boult Cummings and Locke Lord, this article examined the Zellmer v. Meta decision and its implications, including in the context of other decisions and a recent BIPA amendment, and offered practical BIPA compliance lessons.

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