Regulon — CA-AB-1609 · CA AB 1609 (Customer Service Chatbots)

2026-01-20 Read first time. To print. Read first time. To print.

2026-01-21 From printer. May be heard in committee February 20. From printer. May be heard in committee February 20.

2026-03-19 committee referral Referred to Coms. on P. & C.P. and JUD.

2026-03-19 amendment From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

2026-03-23 committee referral Re-referred to Com. on P. & C.P.

2026-03-31 In committee: Hearing postponed by committee. In committee: Hearing postponed by committee.

2026-04-14 From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended. From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

2026-04-15 Re-referred to Com. on P. & C.P. Re-referred to Com. on P. & C.P.

2026-04-16 From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 4.) (April 16). Re-referred to Com. on JUD. From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 4.) (April 16). Re-referred to Com. on JUD.

2026-04-22 From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (April 21). Re-referred to Com. on APPR. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (April 21). Re-referred to Com. on APPR.

2026-05-06 In committee: Set, first hearing. Referred to APPR. suspense file. In committee: Set, first hearing. Referred to APPR. suspense file.

2026-05-14 From committee: Do pass. (Ayes 11. Noes 4.) (May 14). From committee: Do pass. (Ayes 11. Noes 4.) (May 14).

Summary

AB 1609 regulates customer service chatbots operated by large businesses (over $500 million in gross annual national revenue) that serve California consumers. The bill prohibits operators from representing that a chatbot is human, requires clear disclosure of AI identity when a reasonable person could be misled, and mandates that operators connect consumers to a human customer service agent within five minutes of request during business hours (8 a.m. to 6 p.m.). Specific requirements apply to telephonic platforms (hold time limits, phone number posting) and online platforms (human assistance option). Enforcement is by the Attorney General or district attorneys, with civil penalties up to $10,000 per violation for pattern-or-practice violations. No private right of action is created. Requirements are suspended during extraordinary or emergency situations.

Enforcement & Penalties

Enforcement Authority

Enforcement by the Attorney General or a district attorney. No private right of action is established. The Attorney General may adopt regulations to further the chapter's purposes and provide compliance guidance. The chapter is not actionable or enforceable during extraordinary or emergency situations as defined in the statute.

Penalties

An entity that has engaged in a pattern or practice of violating the chapter is liable for a civil penalty not exceeding $10,000 per violation. Penalties require a showing of a pattern or practice — a single isolated violation does not trigger the penalty. Remedies are cumulative with other law.

Who Is Covered

"Operator" means an entity with more than five hundred million dollars ($500,000,000) in gross annual revenue nationally that makes a customer service chatbot available to a person in the state.

What Is Covered

"Customer service chatbot" means either of the following: (1) An artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is used by an entity solely for any of the following purposes: (A) Direct customer service, including service to prospective and existing customers, relating to the sale or delivery of goods or services. (B) Direct customer support, including technical assistance functions relating to the sale or delivery of goods or services. (2) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and sustains a relationship across multiple interactions or generate outputs to service customers relating to the sale or delivery of goods and services.

Compliance Obligations 6 obligations · click obligation ID to open requirement page

T-01 AI Identity Disclosure · T-01.1 T-01.3 · Deployer · Chatbot

Bus. & Prof. Code § 22626(a)-(c)

Plain Language

Operators must never represent that a customer service chatbot is human. Additionally, if a reasonable person could be misled into thinking they are interacting with a human, the operator must provide a clear, conspicuous disclosure that the system is AI-generated and not human. The disclosure must inform the person they are interacting with an automated system, be accessible throughout the interaction, and be in plain language. For voice-based interfaces, the disclosure must be audible and repeated on request. The prohibition on misrepresentation in subdivision (a) is unconditional; the affirmative disclosure obligation in subdivision (b) is triggered only when a reasonable person could be misled.

Statutory Text

(a) An operator of a large private business shall not represent that any artificial intelligence, automated customer service system, or customer service chatbot is a human. (b) An operator that makes a customer service chatbot available to a person in this state shall provide a clear and conspicuous disclosure that the customer service chatbot is artificially generated and not human if a reasonable person interacting with the customer service chatbot would be misled to believe that the person is interacting with a human. (c) The disclosure required by subdivision (b) shall do all the following: (1) Inform the person that they are interacting with a customer service chatbot, artificial intelligence system, or similar automated system, and that the system is not a human being. (2) For audio-only or voice-based interfaces, be provided in an audible form and repeated upon the person's request. (3) Be readily accessible throughout the customer interaction. (4) Be presented in plain language that is understandable to an ordinary consumer.

H-01 Human Oversight of Automated Decisions · H-01.4 · Deployer · Chatbot

Bus. & Prof. Code § 22627(a)-(c)

Plain Language

During business hours (8 a.m. to 6 p.m. daily), operators must provide human customer service and connect consumers to a human customer service agent within five minutes of a request. For telephone platforms, individual hold times may not exceed 5 minutes and cumulative hold time may not exceed 10 minutes total per call; if a chatbot answers, human assistance must be provided within five minutes of the call. For online platforms, customers must be given the option to request human assistance, and that assistance must be provided within five minutes. This is a human escalation right — the consumer must invoke it, but the operator must fulfill it within the specified timeframe. The obligation applies only during the defined business hours window.

Statutory Text

(a) During the business hours of 8 a.m. to 6 p.m. daily, an operator of a large private business who provide goods and services to consumers in California shall provide consumers with human customer service support and communications. During these times, an operator shall connect a person interacting with a customer service chatbot, or automated customer support system, to a customer service agent within five minutes after a request for human customer service is made. (b) For telephonic customer service platforms, the business shall ensure all of the following: (1) That a customer call be answered quickly and, after the call is answered, that a customer is not placed on hold for more than 5 minutes at any point after the call is answered, and that cumulative hold times for a call not exceed more than 10 minutes total. (2) If a call is answered by a customer service chatbot, the operator of the telephonic platform shall provide human assistance within five minutes after the call is made. (c) For online customer service platforms, the business shall ensure that a customer is given option to request customer service assistance from a human being and, upon that request, the operator of the online platform shall provide human assistance within five minutes after the request is made.

Other · Deployer · Chatbot

Bus. & Prof. Code § 22627(d)

Plain Language

Online operators must also maintain a telephonic customer service platform and prominently display the customer service phone number on their website. This ensures consumers always have a voice-based channel available, not just an online chatbot. This is a channel-availability requirement — the operator must offer the telephone option and make the number easy to find.

Statutory Text

(d) Operators who provide goods and services to consumers in California through online platforms shall offer a telephonic customer service platform and post their telephonic customer service phone number conspicuously on their website.

Other · Deployer · Chatbot

Bus. & Prof. Code § 22627(a) (complaint process, implied by § 22625(b) definition and legislative digest)

Plain Language

The legislative digest states operators must establish and maintain a process for complaints regarding the customer's inability to obtain assistance from a customer service agent. The definition of 'complaint' in the bill covers any oral or written dissatisfaction about the operator's compliance with the chapter, including inability to connect with a human. While the operative section establishing this complaint process obligation is referenced in the digest, the bill text as amended defines the term and implies the obligation. This creates no taxonomy-mapped obligation because no requirement covers internal complaint handling processes for AI customer service failures.

Statutory Text

"Complaint" means any oral or written expression of dissatisfaction relating to an operator's compliance with this chapter, including the inability to connect with a human representative when requested.

Other · Chatbot

Bus. & Prof. Code § 22628(a)-(e)

Plain Language

This section establishes the enforcement framework for the chapter: the AG or a district attorney may bring actions; pattern-or-practice violations carry up to $10,000 per violation in civil penalties; no private right of action exists; the AG may adopt implementing regulations; and all obligations are suspended during extraordinary or emergency situations. This creates no independent compliance obligation — it defines who enforces, what penalties apply, and when the chapter's requirements are waived.

Statutory Text

(a) An action to enforce this chapter may be brought by a district attorney or the Attorney General. (b) An entity that has engaged in a pattern or practice of violating this chapter shall be liable for a civil penalty not exceeding ten thousand dollars ($10,000) for each violation. (c) This chapter does not establish a private right of action. (d) The Attorney General may adopt regulations, consistent with this chapter, to further its purposes and to provide additional guidance regarding compliance, including, but not limited to, guidance on the form and content of disclosures and reasonable mechanisms for requesting human assistance. (e) This chapter shall not be actionable or enforceable during extraordinary or emergency situations.

Other · Chatbot

Bus. & Prof. Code § 22629

Plain Language

This savings clause confirms that the chapter's obligations are in addition to, not a replacement for, any other legal requirements. Operators cannot argue that compliance with this chapter excuses them from other applicable laws. This creates no new compliance obligation.

Statutory Text

The duties, remedies, and obligations imposed by this chapter are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve an operator from any duties, remedies, or obligations imposed under any other law.