The rapid growth of artificial intelligence (AI) has created numerous opportunities for increased efficiency, but that efficiency may create a corresponding risk of increased class action litigation. For example, AI can be deployed to improve the speed of customer interactions with a business, but alleged inaccuracies in AI-generated communications or decisions could give rise to class action consumer protection litigation.

Class action litigation frequently rises and falls on the strength of the plaintiff’s argument that class members are sufficiently similarly situated that class litigation is feasible. Defendants opposing class certification strive to identify individualized issues, such as variations in customer’s interactions with a defendant’s employees. In a case focused on AI technology, however, it will likely be easier for a plaintiff to claim that the requirements for class certification are met because the class members interacted with the same AI.