A recent federal class action lawsuit challenging Home Depot Inc.’s use of facial scanning technology at self-checkout kiosks has come to a sudden halt. The plaintiff, Benjamin Jankowski, voluntarily dropped the case, with the U.S. District Court for the Northern District of Illinois granting dismissal without prejudice. Jankowski v. The Home Depot, No. 1:25-cv-09144 (N.D. Ill. Oct. 31, 2025). The underlying reasons for this move remain unclear, as neither Jankowski nor Home Depot have commented publicly.

Jankowski’s lawsuit focused on Home Depot’s alleged failure to comply with the Illinois Biometric Information Privacy Act (BIPA), a statute recognized as the strictest biometric privacy law in the country. Key points from the allegations include:

  • Facial Scan Collection and Retention: The complaint accused Home Depot of collecting facial scans from customers at self-checkout kiosks using “computer vision” technology, a program reportedly rolled out in 2023 and expanded in 2024 to help deter theft.
  • No Notice or Consent: Jankowski claimed he was never informed his facial data would be collected, nor was he asked for consent, both core requirements under BIPA.
  • Retention Policy Concerns: The lawsuit highlighted that Home Depot’s policy retained biometric data “as long as reasonably necessary,” which, according to Jankowski, failed to comply with BIPA’s mandate that such data must be deleted after three years from the individual’s last interaction.

A voluntary dismissal “without prejudice” means Jankowski can potentially refile his lawsuit in the future. It does not constitute a resolution on the merits, nor does it prevent similar or related claims from arising. For now, the case and the specific issues it raised, for example, whether Home Depot’s practices violate BIPA, will remain unresolved by the courts.

At this stage, there’s no public explanation for Jankowski’s decision to withdraw. Possible reasons could range from settlement discussions, discovery-related challenges, pursuit of alternative legal strategies, or simply a reconsideration of the litigation’s viability. The lack of comment from either side leaves room for speculation.

While the sudden dismissal of the Home Depot lawsuit leaves important legal questions unanswered, it’s a clear reminder that biometric data collection is scrutinized by regulators and private litigants. Companies operating in Illinois (and beyond) should treat BIPA compliance as a critical business priority, proactively reviewing their policies and ensuring all required permissions and notices are in place before deploying technologies that use facial scans or other biometric data.

In today’s regulatory environment, the risks of “collect now, ask later” are simply too high.