this post was submitted on 01 Jun 2024
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Iirc cases where the central complaint is AI, ML, or other black box technology, the company in question was never held responsible because "We don't know how it works". The AI surge we're seeing now is likely a consequence of those decisions and the crypto crash.
I'd love CVS try to push a lawsuit though.
In Canada there was a company using an LLM chatbot who had to uphold a claim the bot had made to one of their customers. So there's precedence for forcing companies to take responsibility for what their LLMs says (at least if they're presenting it as trustworthy and representative)
This was with regards to Air Canada and its LLM that hallucinated a refund policy, which the company argued they did not have to honour because it wasn't their actual policy and the bot had invented it out of nothing.
An important side note is that one of the cited reasons that the Court ruled in favour of the customer is because the company did not disclose that the LLM wasn't the final say in its policy, and that a customer should confirm with a representative before acting upon the information. This meaning that the the legal argument wasn't "the LLM is responsible" but rather "the customer should be informed that the information may not be accurate".
I point this out because I'm not so sure CVS would have a clear cut case based on the Air Canada ruling, because I'd be surprised if Google didn't have some legalese somewhere stating that they aren't liable for what the LLM says.
But it has to be clearly presented. Consumer law and defamation law has different requirements on disclaimers