WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:- "ChatbotChatbot"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.G.L. c. 93M, § 1", 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.
Section 1 defines the key term Chatbot broadly as any automated program designed to simulate conversation with human users, whether through generative AI or other similar technology, using audio, visual, or textual methods. The definition is technology-neutral and does not require the system to use a large language model or any specific architecture.
Notably, the bill does not formally define commercial entity, the term used in Sections 2 and 3 to identify the regulated party. This leaves open questions about scope — for instance, whether nonprofits operating chatbots or government entities using commercial chatbot platforms fall within the term.
1 Any commercial entityCommercial entityNot formally defined in the bill. Used throughout as the entity subject to obligations — "Any commercial entity deploying a chatbot" (§ 2); "a chatbot deployed by a commercial entity" (§ 3).G.L. c. 93M, §§ 2–3 deploying a chatbotChatbot"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.G.L. c. 93M, § 1 shall clearly and conspicuously disclose to the person with whom the chatbotChatbot"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.G.L. c. 93M, § 1 interacts that the person is interacting with a chatbotChatbot"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.G.L. c. 93M, § 1 and not a human.
Section 2 imposes an unconditional AI identity disclosure obligation on any commercial entity deploying a chatbot. The disclosure must be clear and conspicuous and must inform the user that the person is interacting with a chatbot and not a human. Unlike California SB 243, which conditions disclosure on a reasonable-person standard (triggered only when a reasonable person could be misled), this provision requires disclosure in all cases — regardless of whether a reasonable person would actually be misled.
The provision does not specify the timing, format, or persistence of the disclosure, leaving significant implementation discretion (and ambiguity) for commercial entities.
2 Interactions with, including but not limited to any information or representations provided by, a chatbotChatbot"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.G.L. c. 93M, § 1 deployed by a commercial entityCommercial entityNot formally defined in the bill. Used throughout as the entity subject to obligations — "Any commercial entity deploying a chatbot" (§ 2); "a chatbot deployed by a commercial entity" (§ 3).G.L. c. 93M, §§ 2–3 shall have the same legal force and effect as interactions with a person employed by, or acting as an agent of, the commercial entityCommercial entityNot formally defined in the bill. Used throughout as the entity subject to obligations — "Any commercial entity deploying a chatbot" (§ 2); "a chatbot deployed by a commercial entity" (§ 3).G.L. c. 93M, §§ 2–3. 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.
Section 3 establishes that chatbot interactions and representations carry the same legal force and effect as interactions with a human employee or agent of the commercial entity. This effectively imputes chatbot output to the deploying entity as if a human agent had made the statement — a significant liability attribution rule.
The section further provides that use of a disclaimer is not a defense under this chapter, under Chapter 93A, or under any other cause of action under Massachusetts law. This is an aggressive anti-disclaimer provision that prevents commercial entities from insulating themselves through boilerplate warnings that chatbot output may be inaccurate or non-binding.
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
Section 4 designates violations of Chapter 93M as unfair methods of competition and unfair or deceptive acts or practices under Chapter 93A § 2. This is the standard Massachusetts enforcement hook — it incorporates the full 93A enforcement apparatus, including AG enforcement under § 4 and consumer private actions under § 9, without creating an independent cause of action in this chapter.
The provision also preserves any other available remedies, meaning common-law fraud, contract, and tort claims remain available alongside the 93A pathway.