Browning_Final

Therapy and companionship have become the number-one use case for generative artificial intelligence chatbots in 2025. Talking to artificial intelligence (“AI”) “companions”—digital personas designed to provide emotional support, show empathy, and proactively ask users personal questions through text, voice notes, and picture—is no longer a niche service but has become mainstream, with users numbering in the hundreds of millions. While studies show that AI companions may help human users reduce their feelings of loneliness and anxiety, such benefits may come at a steep price.

There is a darker side to the world of AI companions, with mounting incidents of vulnerable adults whose AI companions have instigated episodes of violence and self-harm. In multiple states, wrongful death lawsuits are pending against the companies behind these digital friends after teenage users committed suicide, allegedly at the urging of their virtual companions.

There are also serious data privacy risks involved in the use of AI companions. Studies show that AI companion apps are among the biggest offenders when it comes to using user data for tracking and for sharing this data with advertisers. AI companions, by their very nature, require access to extensive personal data to function effectively; typically, this includes not just textual data, but also personal preferences, behavioral information, and even images shared by the users. While data collection is essential for personalization, it exposes users to risks if the data is poorly managed or insecurely stored.

This Article begins with an overview of AI companions before moving on to a robust discussion of the legal and data privacy risks posed by this technology. It then critically examines the burgeoning regulatory response to these risks. The Article concludes with thoughts on what the future may hold for AI companions as they become more prevalent. While benefits exist, so does the potential for significant harm in an environment that has been characterized by a lack of regulations.

PDF: https://journals.law.unc.edu/ncjolt/wp-content/uploads/sites/4/2026/04/Browning_Final.pdf

Author: Hon. John G. Browning

Volume 27, Issue 3