Bill
S 243
Requires clear, conspicuous notice when interacting with a bot in commercial transactions, making non-disclosure an unfair or deceptive practice in Massachusetts.
Note on sources and scope
- The metadata provided includes conflicting titles and topics (references to the Space Force and a federal Radiation Exposure Compensation Act). This summary is based on the actual bill text and legislative filing presented: a Massachusetts bill (Senate No. 243, 2025) titled "An Act requiring consumer notification for chatbot systems" (sponsored by Sen. Barry R. Finegold). The bill was later substituted by A291A.
Summary — purpose
- The bill requires that consumers be notified when they are communicating or interacting with an automated computerized system (“bot”), and makes failure to provide such notice an unfair or deceptive trade practice under Massachusetts General Laws chapter 93A.
Key provisions
- Short title: An Act requiring consumer notification for chatbot systems.
- New statutory section: Adds Section 115 to Chapter 93 (Massachusetts General Laws) — “Disclosure of computerized communications.”
- Definitions:
- “Bot”: an automated online account where all or substantially all actions/posts are not the result of a person — examples include chatbots, AI agents, avatars, or other computer technologies engaging in textual or aural conversation.
- “Online”: any public-facing Internet website, web application or digital application, including social networks or publications.
- Prohibition and safe harbor:
- Declares it an unfair and deceptive act under Chapter 93A §2 for any person to engage in a commercial transaction or trade practice with a consumer where the consumer is interacting with a bot that may mislead a reasonable person into believing they are dealing with a human — liability applies regardless of whether the consumer was actually misled or harmed.
- Safe harbor/defense: no liability if the consumer is notified in a “clear and conspicuous” fashion that they are communicating with a computer rather than a human.
Who is affected
- Covered: businesses, organizations, platform operators, and individuals using or deploying bots in commercial transactions or trade practices with Massachusetts consumers — across websites, apps, social networks.
- Consumers: gain a right to clear notice when interacting with automated agents.
- Enforcement: actions under Chapter 93A are available to the Attorney General and private plaintiffs (Chapter 93A remedies typically include injunctive relief, damages, and attorney’s fees).
Procedural status and timeline
- Introduced: Jan 24, 2025 (Senate No. 243).
- Referred to relevant committees (Judiciary; Consumer Protection and Professional Licensure); hearings scheduled in late 2025.
- Advanced to third reading, amended, and on June 12, 2025 was recorded as “SUBSTITUTED BY A291A” (the companion/alternate House bill A291/A291A).
Notable implications and ambiguities
- The bill targets deceptive omission (not disclosure) rather than banning bots. It does not prescribe specific notice language or format — only “clear and conspicuous” — which may require regulatory or judicial interpretation.
- Scope limited to commercial transactions/trade practices; non-commercial or purely informational bot interactions may be outside its reach.
- Potential impacts include changes to platform policies, consumer-facing design, and compliance obligations for businesses that deploy conversational AI in Massachusetts.
Compiled from official sources — confirm details with the bill’s official record.
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