State v. Clearview Ai

CourtVermont Superior Court
DecidedDecember 15, 2025
Docket25-cv-1789
StatusUnknown

This text of State v. Clearview Ai (State v. Clearview Ai) is published on Counsel Stack Legal Research, covering Vermont Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Clearview Ai, (Vt. Ct. App. 2025).

Opinion

Termont Superior Court Filed 12/15/2 Washington Unit

VERMONT SUPERIOR COURT CIVIL DIVISION Washington Unit Case No. 25-CV-01789 65 State Street Montpelier VT 05602 802-828-2091 www.vermontjudiciary.org State of Vermont v. Clearview AI, Inc.

ENTRY REGARDING MOTION Title: Motion to Dismiss (Motion: 1) Filer: Tristram J. Coffin Filed Date: June 30, 2025

The motion is GRANTED.

Decision on Clearview's Motion (#1) to Dismiss

This case presents the Court with a new, but fundamentally basic, question about what

authority a state court has to bring a non-resident business into its jurisdiction when the business is not located within the state, not doing business with Vermonters in the state, and not reaching

out to or targeting specific residents.

I. Plaintiff's Allegations Plaintiff, the State of Vermont, has charged Defendant Clearview AI, Inc., with one count of violating Vermont's Consumer Protection Act (CPA), 9 V.S.A. §§ 2451-2466c. Based on the State's filings, the Court understands the following.

Clearview employs a series of search programs to sweep publicly available troves on the internet to collect images of peoples' faces and related metadata. From this raw and publicly

available data, Clearview extracts and collects biometric data for each image,! which it sorts and stores in a proprietary database. From this database, Clearview can match a comparator

photograph (a "probe picture") to an individual profile.2 Clearview offers this service to its paid licensees. The State contends that Clearview's extensive database includes data related to

' The Court understands the term "biometric data" from the State's complaint to include distinct physical characteristics that can be used to identify and distinguish individuals. The parties have suggested, and certainly part of Clearview A.I. boast is, that these biometric data points are collectively as unique as fingerprints. ? In this respect, Clearview is not creating new information or piercing some inherent privacy to reveal hidden information but is simply using the amplified sorting and cognition power offered by artificial intelligence to organize and match the information in a stunningly precise manner that nevertheless has the ultimate effect of eradicating a component of privacy the ability of an individual to fade into the crowd. Vermont residents who did not consent to be part of Clearview’s database, and Clearview offers no way for Vermont residents to be removed from the database. The State asserts that Clearview’s conduct violates the CPA in five ways by:

a. Collecting, storing, processing, and extracting Vermonters’ (including minors) facial biometric information from Vermonters’ photographs posted online without their knowledge or consent, or without the consent of parents or guardians;

b. Invading the privacy of Vermonters;

c. Exposing Vermonters’ sensitive personal data to potential theft and fraud by bad actors;

d. Violating Vermonters’ civil rights by chilling their freedoms of assembly and political expression; and

e. Violating Vermonters’ rights to the display and distribution of their photographs and other property rights as they choose.

Complaint ¶ 64 (footnote omitted).

II. Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction Clearview has filed a Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction.3 In making this motion, Clearview argues that both specific and general personal jurisdiction are lacking in this case. The difference between these two concepts has been described as follows:

Specific jurisdiction exists when “a State exercises personal jurisdiction over a defendant in a suit arising out of or related to the defendant’s contacts with the forum”; a court’s general jurisdiction, on the other hand, is based on the defendant’s general business contacts with the forum state and permits a court to exercise its power in a case where the subject matter of the suit is unrelated to those contacts. Because general jurisdiction is not related to the events giving rise to the suit, courts impose a more stringent minimum contacts test, requiring the plaintiff to demonstrate the defendant’s “continuous and systematic general business contacts.”

3 Both parties go to some lengths to detail their prior litigation history both in federal court and in a different unit of

Vermont superior court. Neither pieces of those litigation histories are relevant to the pending motion. Metropolitan Life Ins. Co. v. Robertson-Ceco Corp., 84 F.3d 560, 567-68 (2d Cir. 1996) (citations omitted); see also Canaday v. Anthem Companies, Inc., 9 F.4th 392, 400 (6th Cir. 2021) (the contacts relevant to specific personal jurisdiction are claim-specific).

The State concedes that there is no basis for general jurisdiction over Clearview. Instead, it argues for specific jurisdiction. In determining specific personal jurisdiction, the Vermont Supreme Court has explained that:

Vermont’s long-arm statute, 12 V.S.A. § 855, confers jurisdiction to the full extent allowed by the United States Constitution. Our inquiry focuses on whether the defendant has sufficient contacts with Vermont that maintaining the lawsuit here does not “offend traditional notions of fair play and substantial justice.” The central question in determining whether specific jurisdiction may be exercised is whether the defendant has purposefully availed itself of the privilege of acting in the forum state. This requirement “gives a degree of predictability to the legal system that allows potential defendants to structure their primary conduct with some minimum assurance as to where that conduct will and will not render them liable to suit.” Put another way, the purposeful-availment requirement “ensures that a defendant will not be haled into a jurisdiction solely as a result of ‘random,’ ‘fortuitous,’ or ‘attenuated’ contacts, or of the ‘unilateral activity of another party or a third person.”’

N. Sec. Ins. Co. v. Mitec Elecs., Ltd., 2008 VT 96, ¶ 14, 184 Vt. 303 (citation omitted).

Procedurally, when a party challenges personal jurisdiction, the ultimate burden falls on the plaintiff to establish the grounds for jurisdiction, which must be based on specific facts in the record and go beyond the pleadings into a showing affirmative proof. Schwartz v. Frankenhoff, 169 Vt. 287, 295 (1999) (citing Godino v. Cleanthes, 163 Vt. 237, 239 (1995)). As the Vermont Supreme Court has recently explained:

If . . . a court chooses to rule on a motion to dismiss for lack of personal jurisdiction on the basis of affidavits alone, the party opposing [the] motion need make only a prima facie showing of jurisdiction, or, in other words, demonstrate facts which would support a finding of jurisdiction. The nonmoving party’s prima facie showing must go beyond the pleadings and rely upon specific facts set forth in the record. In assessing the submitted materials, the [trial] court eschews fact finding and simply accepts properly supported proffers of evidence as true and rules on the jurisdictional question as a matter of law.”

State v. Atl. Richfield Co., 2016 VT 22, ¶ 9, 201 Vt. 342 (citing Godino, 163 Vt. at 239; Schwartz, 169 Vt. at 295) (internal quotations and citations omitted); see also N. Sec. Ins. Co., 2008 VT 96, ¶ 15 (“[W]here no evidentiary hearing is held on the jurisdictional issue, ‘the Court must consider the pleadings and affidavits in a light most favorable to the plaintiff.’” (citation omitted)); Fox v. Fox, 197 Vt.

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Related

Northern Security Insurance Co. v. Mitec Electronics, Ltd.
2008 VT 96 (Supreme Court of Vermont, 2008)
Godino v. Cleanthes
656 A.2d 991 (Supreme Court of Vermont, 1995)
Northern Aircraft, Inc. v. Reed
572 A.2d 1382 (Supreme Court of Vermont, 1990)
Schwartz v. Frankenhoff
733 A.2d 74 (Supreme Court of Vermont, 1999)
Walden v. Fiore
134 S. Ct. 1115 (Supreme Court, 2014)
Fox v. Fox
2014 VT 100 (Supreme Court of Vermont, 2014)
State v. Shamel L. Alexander
2016 VT 19 (Supreme Court of Vermont, 2016)
State v. Atlantic Richfield Company
2016 VT 22 (Supreme Court of Vermont, 2016)
Laura Canaday v. The Anthem Companies, Inc.
9 F.4th 392 (Sixth Circuit, 2021)
State v. Meta Platforms, Inc.
2025 VT 51 (Supreme Court of Vermont, 2025)

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Bluebook (online)
State v. Clearview Ai, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clearview-ai-vtsuperct-2025.