The legal landscape is shifting rapidly as class action lawsuits challenging generative artificial intelligence (AI) continue to emerge. While early complaints have been largely dismissed, states are now taking matters into their own hands by enacting statutes addressing the development and deployment of generative AI. Utah, Colorado, and Tennessee are at the forefront of this movement, each with their unique approaches to regulating AI. Utah’s Artificial Intelligence Policy Act commits enforcement solely to the state’s Division of Consumer Protection, while Tennessee’s ELVIS Act prohibits unauthorized use of AI to replicate an individual’s likeness, image, and voice, and allows for private rights of action. Colorado’s Artificial Intelligence Act, on the other hand, regulates high-risk AI systems and establishes multiple requirements on developers and deployers. As states continue to navigate the complexities of AI regulation, companies must stay ahead of the game by prioritizing compliance, developing internal AI policies, and ongoing assessment of their terms and policies applicable to consumer interaction with generative AI tools.
AI Lawsuits – The Battle for Regulation Heats Up
Utah’s Artificial Intelligence Policy Act requires companies in regulated industries to prominently disclose that a consumer is interacting with AI, and commits enforcement solely to Utah’s Division of Consumer Protection.
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