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Emerging Tech Lawsuits: AI and Video Games

Innovations in technology can be an opportunity for entrepreneurs to push boundaries. Sometimes, without proper safeguards, what should be exciting innovations actually wind up harming consumers.

Some emerging technologies have particularly caught the eye of the legal community. Our legal professionals are watching potential lawsuits involving artificial intelligence (AI) and video games.

AI lawsuits

Artificial intelligence lawsuits include cases involving chatbots and consumer protection, copyright infringement, corporate governance, date privacy and defamation. Motley Rice attorneys are monitoring this growing area of litigation.

Chatbots, teens and mental health harm

Chatbots are one use for artificial intelligence that use advanced math to simulate the responsiveness of humans. They’re commonly used for customer service, appointment scheduling and data collection. In some cases, they’re even used for emotional support.

Fifty-four percent of teens reported that they use AI chatbots for help with schoolwork. Forty-seven percent also said they use chatbots for fun. Twelve percent of teens surveyed said they received advice and emotional support from chatbots.

Character.AI, Google and Open AI face lawsuits involving teens who allegedly experienced mental health harms related to using AI chatbots. Cases include:

  • A 13-year-old girl whose parents claim that interactions with AI chatbots led to her suicide. The lawsuit alleges that the chatbot engaged her in sexual conversation and led her to isolate herself from peers.
  • A wrongful death lawsuit involving a chatbot that asked a 14-year-old boy if he had a plan for suicide and used sexually charged language.
  • A 16-year-old who discussed suicide with a chatbot nearly 1,300 times before taking his own life. The lawsuit alleges that the chatbot helped him find technical information about suicide methods.

Legal questions about chatbot lawsuits

These cases and other similar lawsuits will seek to answer legal questions about AI chatbots and resulting potential harms, including:

  • Is output from AI chatbots protected by the First Amendment?
  • If AI output is protected speech, what can governments, parents and AI platforms do to protect children from mental health harms?
  • Do AI companies have a duty of care to consumers?

Copyright and AI lawsuits

AI models aren’t built from scratch. Their outputs draw on text and images that are scraped, often without permission from the copyright holders, from the internet. These texts and images are then used to refine the equations that power the AI. Plaintiffs allege that they receive no compensation for the use of their copyrighted materials.

In 2025, Anthropic faced a class action lawsuit led by three authors. A judge ruled that Anthropic had illegally downloaded millions of copyrighted books. Anthropic settled by paying $3,000 to each of the 500,000 authors whose work the company allegedly pirated to train AI models. The payout totaled $1.5 billion.

One legal insider described the case as AI’s “Napster moment,” referring to the landmark music downloading case. The company may still face lawsuits from other copyright holders.

Video game addiction lawsuits

Parents and pundits have complained about their kids getting engrossed in video games for decades. But video games have changed over the years. Critics claim that game creators now deliberately include addictive design features that previous generations of games didn’t.

Today, video games are also rife with in-game microtransactions to upgrade a player’s appearance, abilities and privileges. Getting them to spend on microtransactions can keep players in the game. Some experts allege that game makers use techniques similar to those used by the tobacco industry, casinos and social media companies to encourage problematic use. Young users are often more susceptible to these mental manipulation methods.

Experts recognize a growing mental health threat from video games. The World Health Organization (WHO) officially added gaming disorder to its disease classification starting in 2018. Worldwide, an estimated 8.5 percent of children suffer from gaming disorder.

Video game addiction lawsuits have been filed in several states. Motley Rice is monitoring potential mass legal actions involving large numbers of clients. Motley Rice is not currently involved in video game addiction lawsuits.

Key terms about video game lawsuits

  • Judicial Council Coordination Proceedings (JCCP): A procedure used in California state courts to consolidate cases with similar facts.
  • Microtransactions: Small payments used in many video games, especially those with a free-to-play model. They can be used for extended playing time, in-game mystery boxes, discounts or upgrades to the player’s appearance or abilities.
  • Multidistrict litigation (MDL): A federal court procedure that consolidates multiple individual cases with similar claims to streamline pretrial processes. Cases may be from several jurisdictions.

Is there a video game class action lawsuit?

At the moment, there are no mass legal actions for video game mental health harms. Plaintiffs have attempted to consolidate similar cases twice. In September of 2025, attorneys asked to consolidate 17 pending actions in seven jurisdictions as In Re: Gateway Video Game Addiction Product Liability Litigation (MDL No. 3168) in federal court. The U.S. Judicial Panel on Multidistrict Litigation (JPML), responsible for deciding when cases should be combined into an MDL so the cases can proceed through the judicial process together, denied the request in December of 2025.

The proposed MDL names three game manufacturers and their “gateway” games:

  • Epic Games, producer of Fortnight
  • Microsoft and its wholly owned subsidiary Mojang, makers of Minecraft
  • Roblox Corporation, producer of Roblox

The JPML denied a similar effort at consolidating cases in 2024.

Video game lawsuits consolidated in California

More than 100 video game lawsuits are consolidated into a Judicial Council Coordination Proceeding (JCCP), the California version of an MDL, in California state court. The case is known as In Re: Gateway Video Game Addiction, JCCP No. 5363. Other video game class action lawsuits are pending in California, but they’re not related to mental health harms and haven’t been placed in the JCCP.

Similarities to the Social Media MDL

AI and emerging tech lawsuits may develop like the currently progressing social media MDL, connecting lawsuits against multiple defendants into one mass tort. Some allegations are similar and result from defective design and failure to warn users of potential harms.

Video game and AI defendants may follow the social media companies’ legal defense strategies, which revolve around the First Amendment, Section 230 of the Communications Decency Act and statutes of limitations.

Our experience with tech lawsuits

Our team of technology attorneys is monitoring AI and video game lawsuits and developing an understanding of the legal merit and the potential harms. Motley Rice has been involved in numerous tech company lawsuits, including:

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