This GPT-5 Prompt Tracks $2B+ in Privacy Class Action Settlements—Here’s What It Reveals

Privacy litigation is no longer a slow burn—it’s a wildfire. Over the past five years, more than $2 billion has been paid out in privacy class action settlements. And while regulatory enforcement often grabs headlines, it’s the courtroom where privacy risk is quietly exploding.

To help privacy teams quantify that risk, we built a GPT-5 prompt that tracks non–data-breach privacy class actions globally (with a U.S. emphasis). The result? A dataset that surfaces patterns, pinpoints high-risk categories, and shows exactly where litigation is accelerating.

Here’s a snapshot of what the data shows:

Year-by-year breakdown of final settlements

2021: $870M (Facebook BIPA, TikTok, Zoom, Six Flags, Shutterfly)

2022: $153M (Google Photos, Snapchat, Mass General Brigham pixel tracking) 2023: $808M (Meta $725M Cambridge Analytica + Instagram biometrics)

2024: $97M (BNSF Railway fingerprint scans, VPPA video tracking, hospital pixel cases)

2025 (so far): $139M (Apple Siri $95M, healthcare pixel settlements, VPPA claims like GameStop + Formula 1)

Key trends

Privacy litigation is evolving—and fast. What started as isolated biometric lawsuits has now become a multi-category surge across industries. Here’s what the data reveals:

Biometrics (BIPA) Set the Precedent

The Biometric Information Privacy Act (BIPA) drove the earliest wave of high-dollar settlements, especially in 2021 and 2023. Facial recognition, fingerprint scans, and voiceprint data—often collected without proper consent—triggered massive payouts. These cases set the tone for what plaintiffs and courts now expect: clear notice, explicit consent, and robust data governance.

VPPA and Pixel Tracking Are Closing in Clusters

The Video Privacy Protection Act (VPPA), a decades-old law originally designed for VHS rentals, has found new life in the streaming and e-commerce era. Combined with lawsuits over pixel tracking—especially in healthcare—these cases are now settling in batches. Plaintiffs are targeting companies that embed tracking tools without proper disclosures, especially when sensitive health or video data is involved.

Wiretap & Chatbot Claims Are Flooding Courts

Session replay scripts, chat widgets, and AI-powered assistants are triggering lawsuits under wiretap statutes like CIPA. While many of these cases are dismissed on jurisdictional or technical grounds, the sheer volume of filings shows how aggressive the plaintiff bar has become. Even dismissed cases create reputational risk and legal spend.

Global Collective Actions Are Gaining Ground

Outside the U.S., GDPR-based collective actions in the UK and Australia are testing the boundaries of adtech, cookie consent, and profiling. While the dollar amounts are smaller (for now), the legal frameworks are expanding—and they’re influencing U.S. regulators and courts.

The GPT-5 prompt that tracks privacy class action settlements

We used GPT-5 to build a structured, scalable dataset of privacy class actions from Jan 1, 2021 to today. Here’s the exact task we gave it:

TASK Build a comprehensive dataset of NON–data-breach privacy class actions from Jan 1, 2021–today, GLOBAL scope (U.S. emphasis). Include BOTH filed/pending and settlements (prelim/final). Exclude pure data-breach suits.

INCLUDE THESE CATEGORIES

• Biometrics (BIPA facial/fingerprint/voice)
• VPPA / video tracking
• Pixel / web tracking / analytics (healthcare + consumer)
• Wiretap theories (session replay, chatbots, CIPA)
• Wearables & fitness apps (Whoop, Fitbit, Garmin)
• Voice assistants (Siri, Alexa, Google Assistant)
• IoT / device/location tracking (AirTags, smart TVs, connected cars)
• Financial/retail data sharing
• Global collective actions (GDPR, UK, AU)

SOURCES

• Court dockets & settlement admin sites
• Reuters, Bloomberg, AP, HIPAA Journal, IAPP, ACC
• ClassAction.org (only if corroborated)

SEARCH COVERAGE

• “class action” + “pixel” / “session replay” / “chatbot” / “CIPA” / “BIPA” / “VPPA”
• “wearable” + “privacy class action”
• “voice assistant” + “settlement”
• “GDPR collective action” + “UK representative action”

TABLE SCHEMA Year, Case Name, Jurisdiction, Defendant(s), Category, Laws Cited, Status, Relief Type, Settlement Amount, Key Dates, Sources

How can privacy teams reduce their risk of being sued in privacy class actions?

Privacy litigation isn’t just a legal issue—it’s an operational one. Here’s how privacy teams can proactively reduce exposure and build resilience:

1. Audit Tracking Technologies

Conduct a full sweep of tracking tools—pixels, analytics scripts, session replay, chatbots—and assess whether they collect sensitive data. Pay special attention to healthcare, financial, and video-related pages. If consent isn’t clear and granular, you’re exposed.

2. Review Consent UX and Legal Disclosures

VPPA and wiretap claims often hinge on what users were told—and how. Work with legal and product teams to ensure consent flows are transparent, accessible, and jurisdiction-aware. Cookie banners alone won’t cut it.

3. Map Data Flows for High-Risk Categories

Biometric, voice, and location data require extra scrutiny. Map where this data is collected, stored, and shared. If third-party SDKs are involved, review contracts and assess whether data sharing aligns with user expectations and legal standards.

4. Track Dismissals and Jurisdictional Trends

Not every lawsuit leads to a payout—but every filing is a signal. Monitor dismissed cases to understand where courts are drawing the line. Use this intel to guide product design and risk prioritization.

5. Educate Stakeholders Across the Org

Legal and privacy teams can’t do it alone. Build awareness across marketing, engineering, and product teams about emerging litigation risks. Use real cases to show how small design choices can lead to big legal consequences.

6. Benchmark Against Industry Settlements

Use the dataset to benchmark your exposure. If similar companies are settling for millions over pixel tracking or VPPA violations, it’s time to reassess your practices. Litigation risk is now a competitive metric.

What is driving the surge in privacy class action settlements?

Over the past five years, privacy litigation has exploded, with over $2 billion in settlements. The increase is driven by expanding laws like BIPA (Biometric Information Privacy Act), VPPA (Video Privacy Protection Act), and new applications of wiretap statutes to session replay, chatbots, and AI-driven tracking technologies.

What are the biggest legal trends in privacy litigation for 2025?

Key 2025 trends include:

• Biometrics continuing as a high-risk category under BIPA
• VPPA lawsuits targeting video and streaming platforms
• Healthcare pixel tracking cases resulting in multi-million-dollar settlements
• Wiretap and chatbot lawsuits increasing under state-level statutes like CIPA

What is the Video Privacy Protection Act (VPPA), and why is it causing lawsuits?

The VPPA is a decades-old law designed to protect video rental records. In today’s digital era, plaintiffs are using it to sue companies over online video tracking, streaming services, and even embedded pixels that reveal viewing behavior without proper consent.

Privacy litigation is evolving fast. What started with biometric lawsuits is now expanding into pixels, video tracking, voice data, and beyond. The companies that thrive won’t just comply—they’ll anticipate.

At DataGrail, we believe privacy isn’t just about compliance. It’s about clarity, trust, and staying ahead of risk. Learn how DataGrail can help your team stay compliant and build trust.