Recent judgments have demonstrated the difficulties for claimants in sustaining mass opt-out claims against tech giants for data misuse. However, AI may offer a solution. Under CPR 19.8 a claim may be pursued on an opt-out basis by a representative who has the same interest as the other claimants. Any judgment is then binding on all parties represented. The difficulty lies in showing that the representative has the ‘same interest’ as the rest of the group.