Prospective defendants in Illinois Biometric Information Privacy Act (BIPA) cases might rest a little easier following a recent 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 examines the Zellmer v. Meta Platforms, Inc. decision and its implications, including in the context of other decisions and a recent BIPA amendment, and offers practical BIPA compliance lessons. See “Progress? Recent Rulings Are One Step Forward, Two Steps Back for BIPA Defendants” (Feb. 7, 2024).