WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)–(6) As used in this Chapter, the following terms have the meanings ascribed to them in this Section: (1) "Account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1)" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4) while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state. (2) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 51:2161(2)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments. (3)(a) "Companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include any of the following: (i) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (ii) A bot that is a feature of a video game, is limited to replies related to that video game, and does not discuss topics related to mental health, self-harm, or material harmful to minors, or maintain a dialogue on other topics unrelated to the video game. (iii) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:2161(3)" means an artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 51:2161(2) system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. (b) "Companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include any of the following: (i) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (ii) A bot that is a feature of a video game, is limited to replies related to that video game, and does not discuss topics related to mental health, self-harm, or material harmful to minors, or maintain a dialogue on other topics unrelated to the video game. (iii) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:2161(3)" does not include any of the following: (i) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (ii) A bot that is a feature of a video game, is limited to replies related to that video game, and does not discuss topics related to mental health, self-harm, or material harmful to minorsMaterial harmful to minors"Material harmful to minors" has the same meaning as defined in R.S. 51:2121.R.S. 51:2161(5), or maintain a dialogue on other topics unrelated to the video game. (iii) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user. (4) "Companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4)" means a platform that allows a user to engage with a companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include any of the following: (i) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (ii) A bot that is a feature of a video game, is limited to replies related to that video game, and does not discuss topics related to mental health, self-harm, or material harmful to minors, or maintain a dialogue on other topics unrelated to the video game. (iii) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:2161(3). (5) "Material harmful to minorsMaterial harmful to minors"Material harmful to minors" has the same meaning as defined in R.S. 51:2121.R.S. 51:2161(5)" has the same meaning as defined in R.S. 51:2121. (6) "MinorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6)" means any person who has not attained the age of eighteen years.
Section 2161 establishes the definitions used throughout the chapter. Key defined terms include companion chatbot (an AI system with a natural language interface capable of sustaining relationships across multiple interactions and meeting social needs), companion chatbot platform (the entity that makes the chatbot available), account holder (an individual identified by the platform who is a Louisiana resident), and minor (under 18). The companion chatbot definition includes carve-outs for customer-service bots, video-game bots that stay on topic, and standalone voice-assistant devices.
A 1 A companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4) shall prohibit a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) from entering into a contract with the platform to become an account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) or from maintaining an existing account, unless the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6)'s parent or guardian provides consent for the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) to become an account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) or maintain an existing account.
A(1)(a)–(e) 2 If the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6)'s parent or guardian provides consent for the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) to become an account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) or maintain an existing account, the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4) shall allow the consenting parent or guardian of the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) to do all of the following: (a) Obtain copies of all interactions between the account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) and the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include any of the following: (i) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (ii) A bot that is a feature of a video game, is limited to replies related to that video game, and does not discuss topics related to mental health, self-harm, or material harmful to minors, or maintain a dialogue on other topics unrelated to the video game. (iii) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:2161(3). (b) Limit the amount of time that the account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) may interact with the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include any of the following: (i) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (ii) A bot that is a feature of a video game, is limited to replies related to that video game, and does not discuss topics related to mental health, self-harm, or material harmful to minors, or maintain a dialogue on other topics unrelated to the video game. (iii) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:2161(3) each day. (c) Limit the days of the week and the times during the day when the account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) may interact with the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include any of the following: (i) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (ii) A bot that is a feature of a video game, is limited to replies related to that video game, and does not discuss topics related to mental health, self-harm, or material harmful to minors, or maintain a dialogue on other topics unrelated to the video game. (iii) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:2161(3). (d) Disable any of the interactions between the account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) and third-party account holdersAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) on the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4). (e) Receive timely notifications if the account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) expresses to the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include any of the following: (i) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (ii) A bot that is a feature of a video game, is limited to replies related to that video game, and does not discuss topics related to mental health, self-harm, or material harmful to minors, or maintain a dialogue on other topics unrelated to the video game. (iii) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:2161(3) a desire or an intent to engage in self-harm or to harm others.
A(2)(a) 3 Terminate an account belonging to an account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) who is a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) if the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4) treats or categorizes that account as belonging to a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) for purposes of targeting content or advertising and if the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6)'s parent or guardian has not provided consent for that minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) to become an account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) or to maintain an existing account. The companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4) shall provide ninety days for the account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) to dispute the termination. Termination shall be effective upon the expiration of the ninety-day period if the account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) fails to effectively dispute the termination.
A(2)(b)–(d) 4 Allow an account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) who is a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) to request termination of the account. Termination shall be effective within five business days of the request. (c) Allow the consenting parent or guardian of an account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) who is a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) to request that the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6)'s account be terminated. Termination shall be effective within ten business days following the request. (d) Permanently delete all personal information held by the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4) relating to the terminated account, unless state or federal law requires the platform to maintain the information.
B(1) 5 Disclose to the account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) that he is interacting with artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 51:2161(2).
B(2) 6 Provide by default a clear and conspicuous notification to the account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1), at the beginning of companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include any of the following: (i) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (ii) A bot that is a feature of a video game, is limited to replies related to that video game, and does not discuss topics related to mental health, self-harm, or material harmful to minors, or maintain a dialogue on other topics unrelated to the video game. (iii) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:2161(3) interactions and at least once every hour during continuing interactions, reminding the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) to take a break and that the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include any of the following: (i) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (ii) A bot that is a feature of a video game, is limited to replies related to that video game, and does not discuss topics related to mental health, self-harm, or material harmful to minors, or maintain a dialogue on other topics unrelated to the video game. (iii) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:2161(3) is artificially-generated and not human.
B(3) 7 Institute reasonable measures to prevent its companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include any of the following: (i) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (ii) A bot that is a feature of a video game, is limited to replies related to that video game, and does not discuss topics related to mental health, self-harm, or material harmful to minors, or maintain a dialogue on other topics unrelated to the video game. (iii) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:2161(3) from producing or sharing material harmful to minorsMaterial harmful to minors"Material harmful to minors" has the same meaning as defined in R.S. 51:2121.R.S. 51:2161(5) or encouraging the account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) to engage in any of the conduct described or depicted in materials harmful to minorsMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6).
Section 2162 is the operative heart of the bill. Subsection A creates a gated-access model: companion chatbot platforms must prohibit minors from becoming or remaining account holders unless a parent or guardian consents. When consent is given, the platform must provide the consenting parent or guardian with a suite of oversight tools — access to all interaction transcripts, daily time limits, day-of-week and time-of-day scheduling controls, the ability to disable third-party interactions, and timely self-harm notifications.
Subsection A(2) addresses account termination. Platforms must terminate un-consented minor accounts (with a 90-day dispute window), honor minor-initiated termination requests within five business days, honor parent-initiated termination requests within ten business days, and permanently delete all personal information from terminated accounts unless retention is required by other law.
Subsection B imposes three obligations that apply to all minor accounts: AI identity disclosure, hourly take-a-break reminders that the chatbot is not human, and reasonable measures to prevent the chatbot from producing material harmful to minors.
A(1)–(4) A.(1) A knowing or reckless violation of this Chapter is deemed a deceptive or unfair trade practice or act pursuant to the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq. (2) If the attorney general has reason to believe that a companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4) is in violation of this Chapter, the attorney general may bring an action against that platform for a deceptive or unfair trade practice or act. (3) In addition to other remedies provided for in this Section, the attorney general may impose a civil penalty of up to fifty thousand dollars per violation as well as reasonable attorney fees and court costs. (4) If the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4)'s failure to comply with this Chapter is part of a consistent pattern of knowing or reckless conduct, punitive damages may be assessed against the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4).
B(1)–(3) B.(1) A companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4) that knowingly or recklessly violates this Chapter shall be liable to a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) for up to ten thousand dollars in damages, as well as court costs and reasonable attorney fees, as ordered by the court. (2) A civil action for a claim pursuant to this Subsection may be brought within two years of the date the complainant knew, or reasonably should have known, of the alleged violation. (3) An action brought pursuant to this Subsection may be brought only on behalf of a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1).
C For purposes of bringing an action in accordance with this Chapter, a companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4) that allows a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) in this state to create an account on the platform is considered to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business and doing business in this state, and is therefore subject to the jurisdiction of the courts of this state.
D If a companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4) allows a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:2161(6) account holderAccount holder"Account holder" means an individual that opens an account with, or creates a profile with, or is identified with a unique identifier by a companion chatbot platform while that individual is using or accessing the platform, if that platform knows or has reason to believe that individual is a resident of this state.R.S. 51:2161(1) to use that companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:2161(4), the parties have entered into a contract.
E This Section does not preclude any other available remedy at law or equity.
Section 2163 establishes the enforcement framework. Subsection A deems knowing or reckless violations deceptive or unfair trade practices under the Louisiana UTPCPL (R.S. 51:1401 et seq.), authorizes the attorney general to bring enforcement actions, and provides for civil penalties up to $50,000 per violation plus attorney fees, with punitive damages available for consistent patterns of knowing or reckless conduct.
Subsection B creates a private right of action on behalf of minor account holders, capped at $10,000 in damages plus court costs and reasonable attorney fees, subject to a two-year statute of limitations from knowledge of the violation. Subsection C establishes personal jurisdiction over out-of-state platforms. Subsections D and E provide that allowing a minor to use the platform constitutes a contract and that other remedies at law or equity are preserved.