Carlton Fields’ 15th Annual Class Action Survey Shows Record Corporate Exposure as AI, Privacy Risks Surge

TAMPA, FL – Carlton Fields released its 15th annual Class Action Survey, providing an overview of key trends, risks, and best practices in class action management. The milestone 15th anniversary edition provides a rare long-view lens on how class action litigation has expanded, evolved, and become embedded in corporate risk management, revealing record corporate exposure to class actions and a sharp rise in AI- and privacy-related risks.

This annual Carlton Fields Class Action Survey reports on historical trends captured since the survey’s inception and includes information on emerging issues in class action litigation. When the inaugural survey was published in 2012, large companies averaged just 4–5 active class actions and allocated about 10% of their litigation budgets to these matters. Today, those numbers have increased significantly, and spending on class action defense exceeded $4 billion for the past two years.

“When we launched this survey 15 years ago, we set out to provide practical guidance to support clients in navigating class action litigation,” said Matt Allen, chair of the firm's National Class Actions Practice and co-director of the firm’s annual Carlton Fields Class Action Survey. “What emerged was a first-of-its-kind resource, built on direct conversations with the key legal decision-makers managing these matters. At that time, we saw that class action lawsuits were on the rise across nearly every industry and practice area. That trend is even more evident today.”

Key highlights in this year’s survey include:

• Labor, Data Privacy, Generative AI, and Consumer Fraud Drive Next Wave: Defending labor and employment and consumer fraud class actions together account for nearly half of class action budgets. The percentage of corporate counsel expecting class actions from the use of generative AI has increased from 66% last year to 80% this year. Privacy claims were essentially nonexistent in 2012, making the rapid growth in these claims one of the most notable risks to emerge over the 15-year period. Many of the risks forecasted in earlier editions — privacy incidents, data use challenges, consumer deception theories, and ERISA fiduciary issues — have since become central features of the class action landscape, reflecting trends the survey has tracked for more than a decade.

• Companies Anticipate Sharp Rise in Class Actions as Plaintiffs Increase Filing Pace and Aggressiveness: A record percentage of companies are now dealing with class actions — the highest level in 15 years — and companies anticipate a 28% increase in class actions this year. Plaintiffs’ counsel are filing claims at an accelerating rate. In the inaugural survey, just over half of companies reported actively managing class actions. Today, that share has risen to 74.7%, reflecting the growing role these cases play in large companies’ litigation portfolios.

• In-House Capacity Stable, Workload Shifting: Despite an increasing caseload, companies kept their in-house attorney headcount essentially flat this year while time spent on class actions decreased by 24%, following a large increase last year. In-house attorneys are focusing more on legal issues that directly impact business operations while relying on outside counsel to manage class action matters. Despite this, the trend over the past 15 years has seen the amount of time dedicated to class action work triple from six hours a week to 18 hours.

• Cost-Control Tools: Four out of 10 companies continue to use alternative fee arrangements (AFAs), a number largely consistent with the past five years. Using trusted counsel remains the single most effective tool for controlling costs and is universally cited as effective.

“Since its start, the survey has expanded in scope and sophistication, tracking how companies adapt to emerging risks, technologies, and litigation strategies,” said Jack Clabby, co-director of the Carlton Fields Class Action Survey. “This year’s survey shows that virtually every company to which we spoke faces class action claims regularly, highlighting the ongoing need for thoughtful strategy and informed decision-making. As we mark the 15th anniversary of the survey — and the 125th anniversary of our law firm — we continue to provide legal decision-makers with practical strategies for meeting the demands of today’s class action landscape.”

The 2026 Carlton Fields Class Action Survey is based on interviews with general counsel or senior legal officers at more than 300 Fortune 1000 and other large companies across a variety of industries, including banking and financial services, consumer goods, energy, high tech, insurance, manufacturing, pharmaceuticals, professional services, and retail trade. Carlton Fields has litigated and counseled clients in hundreds of class actions for more than 40 years in federal and state courts across the nation.

To download the 2026 Carlton Fields Class Action Survey, please visit www.classactionsurvey.com.

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