Litigation Minute: State Statutes And The Private Right Of Action

What You Need To Know In A Minute Or Less

Class action litigation challenging generative artificial intelligence (AI) has rapidly become a familiar feature of the legal landscape. While early, headline-grabbing complaints were largely based on traditional theories of recovery, many of these have been dismissed, with courts commenting that the lawsuits presented "policy grievances that are not suitable for resolution by federal courts."¹

At the same time, multiple states have enacted statutes addressing the development and deployment of generative AI. These different statutory regimes present familiar questions as to whether the new statutory requirements can be enforced through private rights of action (PRA).