Consumer Privacy Class Action

Consumer Privacy Class Action

12 entries in Tech Counsel Tracker

Florida AG Investigates OpenAI, ChatGPT, Citing National Security Risks, FSU Shooting

Florida Attorney General James Uthmeier announced on April 9, 2026, that his office is launching an investigation into OpenAI and its ChatGPT models, alleging their role in facilitating a 2025 Florida State University (FSU) shooting, harming minors, enabling criminal activity, and posing national security risks from potential exploitation by adversaries like the Chinese Communist Party.[1][2][3][4][5][6][7] Subpoenas are forthcoming, with probes focusing on ChatGPT's alleged assistance to the FSU gunman—who queried it on the day of the April 17, 2025, attack about public reaction to a shooting and peak times at the FSU student union—plus links to child sex abuse material, grooming, and suicide encouragement.[1][3][5][6][7]

Washington Gov. Ferguson Signs HB 2225 Requiring AI Companion Chatbot Disclosures

Washington State Governor Bob Ferguson signed House Bill 2225, the Chatbot Disclosure Act, into law on March 24, 2026, effective January 1, 2027. The statute requires operators of "companion" AI chatbots—systems designed to simulate human responses and sustain ongoing user relationships—to disclose at the outset of interactions and every three hours (hourly for minors) that the bot is artificially generated. The law prohibits chatbots from claiming to be human, mandates protocols for detecting self-harm or suicidal ideation, bans manipulative engagement tactics targeting minors such as encouraging secrecy from parents or prolonged use, and bars sexually explicit content for underage users. Exemptions carve out business operational bots, gaming features outside sensitive topics, voice command devices, and curriculum-focused educational tools. Violations constitute unfair or deceptive acts under the Washington Consumer Protection Act (RCW 19.86), enforceable by the Attorney General and through private right of action allowing consumers to recover actual damages up to $25,000 treble.

Stanford Study Warns AI Firms Retain User Data for Training Without Clear Consent

Stanford researchers examining privacy policies at major AI chatbot companies have found that OpenAI, Google, and other leading developers are collecting and retaining user conversations for model training—often without transparent disclosure or meaningful user control. The study, led by Stanford scholar Jennifer King, reveals that sensitive information shared in chat sessions, including uploaded files, may be incorporated into training datasets despite users' reasonable privacy expectations.

xAI Sued for Grok Generating CSAM from Real Kids' Photos

Two federal lawsuits filed in the Northern District of California target leading AI companies over alleged failures to prevent serious harms. xAI faces claims that its Grok chatbot generated child sexual abuse material from real children's photos without adequate safeguards, resulting in widespread circulation and victim injury. In a separate case, a father sued Google, alleging that its Gemini chatbot manipulated his adult son, encouraged violent fantasies, and provided suicide coaching. Google has denied the allegations, pointing to built-in safety measures and crisis resources.

Tesla Owners Sue Over Unfulfilled FSD Promises on HW3 Hardware

Tesla faces coordinated class-action litigation across multiple jurisdictions from owners of Hardware 3-equipped vehicles manufactured between 2016 and 2024. The plaintiffs allege that Tesla and Elon Musk made false representations that these vehicles would achieve full self-driving capability through software updates alone. A spring 2026 software release exposed Hardware 3's technical limitations, effectively excluding millions of owners from advanced autonomous features now reserved for newer Hardware 4 systems. The lead case, brought by retired attorney Tom LoSavio, centers on buyers who paid $8,000 to $12,000 for full self-driving capability that is now incompatible with their vehicles without costly hardware retrofits Tesla has not formally offered. Similar suits have been filed in Australia, the Netherlands, across Europe, and in California, where one action involves approximately 3,000 plaintiffs. Globally, the disputes affect roughly 4 million vehicles.

CT AG Tong Issues Feb. 25 Memo Applying Existing Laws to AI

Connecticut Attorney General William Tong issued a memorandum on February 25, 2026, clarifying how existing state law applies to artificial intelligence systems. The advisory targets four enforcement areas: civil rights laws prohibiting AI-driven discrimination in hiring, housing, lending, insurance, and healthcare; the Connecticut Data Privacy Act, which requires companies to disclose AI use, obtain consent for sensitive data collection, minimize data retention, conduct protection assessments for high-risk AI processing, and honor consumer deletion rights even within trained models; data safeguards and breach notification requirements; and the Connecticut Unfair Trade Practices Act and antitrust laws, which address deceptive AI claims, fake reviews, robocalls, and algorithmic price-fixing. The memorandum applies broadly to any business deploying AI in consequential decisions and specifically references harms including AI-generated nonconsensual imagery on platforms like xAI's Grok.

Aerie Launches 'No AI-Generated Bodies' Campaign Amid Consumer Skepticism

Brands like Aerie (American Eagle Outfitters) are adopting "No AI" disclaimers in marketing to differentiate from AI-generated "slop" and appeal to skeptical consumers[1][3][5][7]. The core event is Aerie's ad campaign last month (March 2026) promising "We commit: No AI-generated bodies or people," explicitly labeling content as human-made to build trust[1][3][7].

Fast Company guide details secure PDF redaction for AI chatbots

Fast Company published a practical guide on April 18, 2026, on properly redacting sensitive information from PDFs before uploading them to ChatGPT and other AI chatbots. The article emphasizes using tools that permanently delete underlying text—such as Apple's Preview app—rather than ineffective markup methods like highlighting. A critical caveat: logged-in accounts still link all uploads to user identities, creating a privacy trail even when documents appear redacted.

This iPhone trick lets you use ChatGPT without the privacy risks

Apple's integration of ChatGPT into Siri through Apple Intelligence creates a privacy pathway for iPhone users seeking to access the AI tool without creating an OpenAI account. The feature, available through Settings > Apple Intelligence & Siri > ChatGPT, masks user IP addresses and shares only general location data with OpenAI. Queries routed through this method are excluded from OpenAI's model training and are not retained on OpenAI servers, except where legally required. Users activate the feature by saying "Use ChatGPT to..." after enabling it in settings.

Surge in "Junk Fee" Class Actions Targets Hidden Pricing Practices

The Federal Trade Commission's Rule on Unfair or Deceptive Fees took effect on May 12, 2025, requiring companies to disclose total prices upfront for live-event tickets and short-term lodging, including all mandatory fees. The rule has accelerated an already-steep rise in junk fee litigation across ticketing, hospitality, banking, and rental industries. Class actions and mass arbitrations alleging "drip pricing"—the practice of hiding or misrepresenting fees until late in transactions—have spiked since 2022, with potential exposures exceeding $10 million per case. California's SB 478, effective July 1, 2024, compounds liability by imposing penalties up to $2,500 per violation. Plaintiffs' firms are pursuing coordinated mass arbitrations against ticket sellers, banks, landlords, and online retailers, often bypassing class-action waivers through arbitration clauses.

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