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ARTICLE · 12 MARCH 2025

State Laws Present Litigation Risks For Financial Industry's Artificial Intelligence Use

Bryan Cave Leighton Paisner
Bryan Cave Leighton Paisner
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Bryan Cave Leighton Paisner

Bryan Cave Leighton Paisner

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The financial industry increasingly uses artificial intelligence ("AI") to raise business efficiencies, improve customer experience, and limit fraud and crime.

United StatesTechnology

Summary

The financial industry increasingly uses artificial intelligence ("AI") to raise business efficiencies, improve customer experience, and limit fraud and crime. However, two lawsuits leveraging existing state privacy laws and a spate of new AI-specific legislation spotlight how this use could implicate state laws and expose financial institutions to litigation.

State Law Claims Against the Use of AI in the Financial Sector

In Turner v. Nuance Commc'ns, Inc., 735 F. Supp. 3d 1169 (N.D. Cal. 2024) and Gladstone v. Amazon Web Servs., Inc., 739 F. Supp. 3d 846 (W.D. Wash. 2024), plaintiffs claimed that AI use by their banks violated the California Invasion of Privacy Act. In Turner, AI recorded bank customer calls for voice authentication and fraud prevention. In Gladstone, AI analyzed customer voice recordings for sentiment, response time, etc. to provide personalized service.

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