How to Prepare for Chatbot Class Actions
Chatbots are likely to lead to a new wave of class action lawsuits. This is how are we helping our clients get ready. Claims include: Contemporaneous recording by the chat provider Chat provider uses the c hat transcripts to train and improve its AI Chat provider analyzes the chat to make determinations regarding the emotional state of the individual Causes of action: CIPA / wiretapping Invasion of Privacy Intrusion upon seclusion Quasi contract Things to consider: If you are using a third party to power your chat interactions, you must review the agreement with them and understand their role. Are they using any data for their own purposes? Could this be considered a “sale” or a “deceptive/unfair” practice? What is the AI involved? If AI is involved for behavior (emotion) analysis, this could be actionable “profiling” under data privacy laws and may require: DPIA, expanded disclosure etc. Disclose to your users that they are speaking with a robot and that a third party has acce...