Regulon — NJ-S-3668 · NJ S 3668 (AI Consumer Communication Disclosure)

S-3668

NJ · State · USA

USA

● Pending

Proposed Effective Date

2026-02-24

New Jersey Senate No. 3668 — An Act concerning consumer communication with an artificial intelligence system and supplementing P.L.1960, c.39 (C.56:8-1 et seq.)

NJ S 3668 requires any person or entity that deploys an AI system to communicate with consumers through an online platform to provide clear and conspicuous notice at the outset of the interaction that the consumer is communicating with AI, and to provide information on how to contact a human. Violations are classified as unlawful practices under the New Jersey Consumer Fraud Act, exposing violators to civil penalties of up to $10,000 for a first offense and $20,000 for subsequent offenses, as well as treble damages, punitive damages, and cease and desist orders. The bill applies broadly to any person or entity deploying AI for consumer communication on online platforms, without formal definitions of 'person or entity' or 'online platform.' The bill would take effect immediately upon enactment.

Summary

Enforcement & Penalties

Enforcement Authority

Enforcement by the New Jersey Attorney General under the Consumer Fraud Act (P.L.1960, c.39; C.56:8-1 et seq.). The Attorney General may initiate enforcement actions and issue cease and desist orders. The Consumer Fraud Act also provides a private right of action for persons who suffer ascertainable loss as a result of a violation, with standing requiring proof of ascertainable loss of money or property. No cure period is specified in the bill.

Penalties

Violations are unlawful practices under the New Jersey Consumer Fraud Act. Per the CFA, first offense penalties up to $10,000 and subsequent offense penalties up to $20,000. Injured persons may recover treble damages and costs. The Attorney General may assess punitive damages and issue cease and desist orders. The bill's legislative statement references these remedies. Treble damages under the CFA do not require proof of actual monetary harm beyond ascertainable loss.

Who Is Covered

Compliance Obligations 3 obligations · click obligation ID to open requirement page

T-01 AI Identity Disclosure · T-01.1 · Deployer · ChatbotGeneral Consumer App

Section 1(a)(1)

Plain Language

Any person or entity that uses an AI system to communicate with a consumer on an online platform must clearly and conspicuously notify the consumer that they are communicating with an AI system. This notification must occur upon establishing contact and before any further communication takes place. This is an unconditional disclosure requirement — it applies regardless of whether a reasonable person would be misled. The trigger is deployment of an AI system for consumer communication on an online platform.

Statutory Text

Other · Deployer · ChatbotGeneral Consumer App

Section 1(a)(2)

Plain Language

At the same point where the AI identity disclosure is made — upon contact and before any further communication — the deployer must also provide the consumer with clear and conspicuous information on how to reach a human. This includes a phone number, website, or similar contact information; the days and hours a human is available; and any other information necessary for the consumer to communicate with a human. This is a standalone consumer access obligation, not tied to a consequential automated decision.

Statutory Text

a. A person or entity that deploys an artificial intelligence system to communicate with a consumer through an online platform shall, upon establishing contact with the consumer and prior to initiating any further communication, clearly and conspicuously: (2) provide the consumer with information on how to contact a human, including but not limited to providing a phone number, Internet website, or similar contact information for a human; the days and times a human is available; and any other information necessary for communication with a human.

Other · ChatbotGeneral Consumer App

Section 1(b)

Plain Language

Violations of the disclosure and human-contact-information requirements are classified as unlawful practices under New Jersey's Consumer Fraud Act. This provision does not create a new compliance obligation — it activates the CFA's existing enforcement mechanisms (Attorney General enforcement, private right of action, civil penalties, treble damages) for violations of the obligations in Section 1(a).

Statutory Text

b. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person or entity that deploys an artificial intelligence system to communicate with a consumer through an online platform to violate the provisions of this section.