Laws & Statutes › MA › MA-S-264
S-264
MA · State · USA
MA
USA
● Pre-filed
Proposed Effective Date
2025-01-17
Massachusetts Senate No. 264 — An Act establishing protections for consumers interacting with artificial intelligence chatbots
This short bill requires any commercial entity that deploys a chatbot to clearly and conspicuously disclose to users that they are interacting with a chatbot, not a human. It also provides that chatbot interactions — including any information or representations made by the chatbot — carry the same legal force and effect as interactions with a human employee or agent of the commercial entity, and disclaimers cannot serve as a defense. Violations are deemed unfair or deceptive acts under Massachusetts chapter 93A, enabling both AG enforcement and private suits with treble damages for willful violations.
Passage Likelihood
Medium
Chamber No passage
Committee Passed
Majority party Yes
Bipartisan No
Prior session None
Legislative History
2025-02-27 committee referral Referred to the Joint Committee on Consumer Protection and Professional Licensure
2025-02-27 chamber passage House concurred
2025-09-19 Hearing scheduled for 10/01/2025 from 10:00 AM-01:00 PM in A-2 Hearing scheduled for 10/01/2025 from 10:00 AM-01:00 PM in A-2
2025-09-29 Hearing rescheduled to 10/01/2025 from 10:00 AM-01:00 PM in B-2 and Virtual Hearing location changed Hearing rescheduled to 10/01/2025 from 10:00 AM-01:00 PM in B-2 and Virtual Hearing location changed
2025-12-18 committee referral Bill reported favorably by committee and referred to the committee on Senate Ways and Means
Mapped Requirements
T-01 AI Identity Disclosure
Official Sources
Full Text ↗
Entry Last Reviewed
2026-04-02
AI generated
Summary

This short bill requires any commercial entity that deploys a chatbot to clearly and conspicuously disclose to users that they are interacting with a chatbot, not a human. It also provides that chatbot interactions — including any information or representations made by the chatbot — carry the same legal force and effect as interactions with a human employee or agent of the commercial entity, and disclaimers cannot serve as a defense. Violations are deemed unfair or deceptive acts under Massachusetts chapter 93A, enabling both AG enforcement and private suits with treble damages for willful violations.

Enforcement & Penalties
Enforcement Authority
Violations are deemed unfair or deceptive acts or practices under Massachusetts General Laws chapter 93A, § 2. Enforcement is available through the Attorney General under chapter 93A, § 4, and through private right of action under chapter 93A, § 9 (consumers) and § 11 (business parties). Private plaintiffs must send a demand letter at least 30 days before filing suit under § 9. No separate agency enforcer is designated by this chapter.
Penalties
Through incorporation of chapter 93A: consumers may recover actual damages or $25 per violation (whichever is greater), up to treble damages for willful or knowing violations, plus reasonable attorney's fees and costs. Injunctive relief is available. The statute also preserves any other remedies that may be available. Statutory damages do not require proof of actual monetary harm.
Who Is Covered
What Is Covered
"Chatbot", an automated program designed to simulate conversation with human users whether through the use of generative artificial intelligence or other similar technology. Such a program may use audio, visual, or textual methods, or a combination thereof, to communicate.
Compliance Obligations 3 obligations · click obligation ID to open requirement page
T-01 AI Identity Disclosure · T-01.1 · Deployer · Chatbot
G.L. c. 93M, § 2
Plain Language
Any commercial entity that deploys a chatbot must clearly and conspicuously tell every user that the user is interacting with a chatbot, not a human. This is an unconditional disclosure obligation — it is not triggered by whether a reasonable person would be misled, but applies in all cases. The statute does not specify the timing or format of the disclosure, only that it must be clear and conspicuous.
Statutory Text
Any commercial entity deploying a chatbot shall clearly and conspicuously disclose to the person with whom the chatbot interacts that the person is interacting with a chatbot and not a human.
Other · Chatbot
G.L. c. 93M, § 3
Plain Language
All chatbot interactions — including any information, representations, or promises made by the chatbot — are legally attributed to the commercial entity as if a human employee or agent made them. A commercial entity cannot disclaim or limit liability for what its chatbot says by adding a disclaimer. This means if a chatbot makes a false or misleading representation, the entity is liable exactly as if a human employee had said it. This provision establishes a liability attribution rule rather than a new affirmative compliance obligation.
Statutory Text
Interactions with, including but not limited to any information or representations provided by, a chatbot deployed by a commercial entity shall have the same legal force and effect as interactions with a person employed by, or acting as an agent of, the commercial entity. Use of a disclaimer shall not constitute a defense under this chapter, chapter 93A, or any other cause of action under the laws of the commonwealth.
Other · Chatbot
G.L. c. 93M, § 4
Plain Language
Violations of this chapter are automatically treated as violations of Massachusetts' consumer protection statute, chapter 93A. This activates the full 93A enforcement apparatus — including AG enforcement, private suits, and treble damages for willful violations — without requiring a separate showing that the conduct was independently unfair or deceptive. This is an enforcement hook, not a new compliance obligation.
Statutory Text
In addition to any other remedies that may be available, a violation of this chapter shall be deemed to be an unfair method of competition and an unfair or deceptive act or practice in the conduct of trade or commerce in violation of section 2 of chapter 93A