AI Privacy Litigation Predictions: A Legal Forecast for Emerging Technologies

The following article is a summary of the full article, available to Practical Guidance subscribers by following this link. Not yet a Practical Guidance subscriber? Sign up for a free trial here.

The complete article is written by Brian Browne and James R. Billings-Kang of Cozen O’Connor.

Federal and State AI Regulation

This article explains the fragmented regulatory environment surrounding AI in the United States. While Congress has introduced proposals addressing AI accountability, consent-based data use, and deepfake harms, states such as California, Texas, Colorado, Connecticut, and New York are moving forward with their own AI-focused legislation. The result is a patchwork of requirements governing AI training data, automated decision-making, biometric information, and transparency obligations that organizations must navigate carefully.

Attorney General Enforcement and Consumer Protection Risks

This article describes how state attorneys general are increasingly using existing consumer protection and privacy laws to investigate and pursue AI-related claims. The article highlights significant enforcement actions involving allegations of misleading AI capabilities, unauthorized facial recognition scraping, and failures to disclose the use of personal data in AI training. These developments signal heightened regulatory scrutiny and expanding compliance expectations for organizations deploying AI technologies.

AI Training Data and Privacy Litigation

This article explains litigation challenging how AI systems are trained, including claims involving personal information, biometric data, healthcare records, copyrighted works, and voice cloning technologies. Courts are beginning to address difficult questions surrounding standing, consent, fair use, and the scope of existing privacy protections in the AI context. Several high-profile cases provide insight into how courts may approach future claims related to AI model development and data collection practices.

Surveillance, Deepfakes, and AI Hallucinations

This article describes emerging lawsuits involving AI-powered chatbots, transcription tools, deepfake technology, and AI “hallucinations,” and explains how traditional privacy and wiretapping laws are being tested against modern AI applications. The article discusses growing concerns surrounding unauthorized monitoring, synthetic media, reputational harm, and misleading AI-generated outputs, as well as the increasing number of state laws targeting deepfakes and identity misuse.

Preparing for the Next Wave of AI Litigation

This article explains how organizations can prepare for inconsistent regulatory obligations, AG-driven enforcement, and rapidly developing case law as AI privacy litigation continues to evolve. The article concludes with practical insights into the legal risks associated with data collection, biometric use, surveillance, deepfakes, and AI-generated misinformation, while emphasizing the importance of proactive compliance and defensible governance strategies.

The above article is a summary of the full article, AI Privacy Litigation Predictions: A Legal Forecast for Emerging Technologies, which is available to Practical Guidance subscribers by following this link.

Practical Guidance subscribers may access the full article here. Not yet a Practical Guidance subscriber? Sign up for a free trial here.