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A06545 Summary:

BILL NOA06545
 
SAME ASNo Same As
 
SPONSORZaccaro
 
COSPNSRTapia, Raga, McDonough, Novakhov, Steck, Davila, Jacobson, Glick, O'Pharrow, Woerner, Miller, Brown K, Gallahan, Hyndman, Cunningham, Reyes, Yeger, Kassay
 
MLTSPNSR
 
Add §390-f, Gen Bus L
 
Imposes liability for damages caused by a chatbot impersonating licensed professionals or giving any medical or psychological advice.
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A06545 Actions:

BILL NOA06545
 
03/06/2025referred to consumer affairs and protection
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A06545 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6545
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 6, 2025
                                       ___________
 
        Introduced  by M. of A. ZACCARO -- read once and referred to the Commit-
          tee on Consumer Affairs and Protection
 
        AN ACT to amend the  general  business  law,  in  relation  to  imposing
          liability  for  damages  caused  by  a  chatbot impersonating licensed
          professionals

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  390-f to read as follows:
     3    §  390-f. Liability for chatbot responses. 1. As used in this section,
     4  the following terms shall have the following meanings:
     5    (a) "Chatbot" shall mean an artificial intelligence  system,  software
     6  program,  or technological application that simulates human-like conver-
     7  sation and interaction through  text  messages,  voice  commands,  or  a
     8  combination thereof to provide information and services to users.
     9    (b)  "Proprietor"  refers  to any person, business, company, organiza-
    10  tion, institution or government entity that owns, operates or deploys  a
    11  chatbot  system  used  to  interact  with  users.  Proprietors shall not
    12  include third-party developers that license their chatbot technology  to
    13  a proprietor.
    14    2.  (a)  A  proprietor  of  a chatbot shall not permit such chatbot to
    15  provide any substantive response, information, or advice,  or  take  any
    16  action:
    17    (i)  which,  if  taken  by  a natural person, would constitute a crime
    18  under section sixty-five hundred twelve or sixty-five  hundred  thirteen
    19  of the education law; or
    20    (ii) providing any medical or psychological advice.
    21    (b)  A  proprietor  may not waive or disclaim this liability merely by
    22  notifying consumers that they are interacting with a  non-human  chatbot
    23  system.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10388-01-5

        A. 6545                             2
 
     1    3. A person may bring a civil action to recover actual damages and, if
     2  it  is  found  that such proprietor has willfully violated this section,
     3  the violator shall be liable for actual damages together with costs  and
     4  reasonable  attorneys'  fees  and  disbursements  incurred by the person
     5  bringing such action.
     6    4. Proprietors utilizing chatbots shall provide clear, conspicuous and
     7  explicit  notice  to  users that they are interacting with an artificial
     8  intelligence chatbot program. The text of the notice shall appear in the
     9  same language the chatbot is using and in a size easily readable by  the
    10  average  viewer  and no smaller than the largest font size of other text
    11  appearing on the website on which the chatbot is utilized.
    12    § 2. This act shall take effect on the ninetieth day  after  it  shall
    13  have become a law.
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