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SD 2223

An Act requiring consumer notification for chatbot systems

194th Legislature (2025-2026) Introduced by Barry Finegold

Massachusetts would require clear, conspicuous bot disclosures in consumer transactions, preventing deception; violations fall under Chapter 93A consumer protection.

House concurred
0
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Bill Summary · SD 2223

Summary: An Act requiring consumer notification for chatbot systems (Senate Docket No. 2223)

Overview

This Massachusetts bill proposes adding a new provision to Chapter 93 of the General Laws to require clear consumer notification when interacting with automated chat systems. The measure targets commercial transactions or trade practices where a consumer interacts with a bot and may reasonably believe they are engaging with a human. The Senate sponsor is Barry R. Finegold, with a petition signed alongside Pavel M. Payano. The bill was filed in January 2025 and has since moved through the legislative process, with the House concurring.

Purpose and intent

  • To ensure consumers are aware when they are communicating with automated software (a “bot”) rather than a human.
  • To prohibit deceptive practices in which a bot could mislead a reasonable person into believing they are speaking with a human, during commercial transactions or trade.

Key provisions

  • New section added: Section 115, Disclosure of computerized communications, to Chapter 93.
  • Definitions:
    • “Bot” includes automated online accounts such as chatbots, AI agents, avatars, or other computer technologies that engage in textual or aural conversation.
    • “Online” covers any public-facing internet website, web application, or digital application, including social networks or publications.
  • Unfair or deceptive practices: It would be an unfair and deceptive act or practice under Chapter 93A, Section 2, for a person to engage in a commercial transaction with a consumer where the consumer is interacting with a bot that could mislead a reasonable person into believing they are engaging with a human.
  • Notification defense: A person deploying a bot would not be liable under this section if the consumer is notified in a clear and conspicuous fashion that they are communicating with a computer rather than a human being.

Scope and impact

  • Who is affected: Businesses and other entities engaging in commercial transactions with consumers via online bots.
  • Impact on practices: Requires visible, unmistakable disclosure that a participant is a bot, potentially affecting marketing copy, user interface design, and customer service workflows to ensure compliance.
  • Enforcement: Violations would fall under Massachusetts’ consumer protection framework (unfair or deceptive acts or practices under Chapter 93A). The text does not specify penalties within the section beyond this enforcement channel.

Procedural status and timeline

  • Filed: January 17, 2025 (Senate Docket No. 2223, Senate No. 243).
  • Introduced in 194th General Court (2025-2026).
  • Actions: Referred to the Committee on Consumer Protection and Professional Licensure (2025-02-27); House has concurred on the same date noted in the provided actions.

Notes

  • The bill does not specify an effective date within the provided text.
  • The explicit standard for “clear and conspicuous” notification aligns with typical 93A disclosures, but the bill does not detail exact methods or thresholds for compliance.

Compiled from official sources — confirm details with the bill’s official record.

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