S-3668
NJ · State · USA
NJ
USA
● Pre-filed
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.)
Requires any person or entity that deploys an artificial intelligence system to communicate with a consumer through an online platform to provide clear and conspicuous notice that the consumer is interacting with AI, and to provide information on how to contact a human, before any further communication takes place. Violations are treated as unlawful practices under the New Jersey Consumer Fraud Act, exposing violators to civil penalties up to $10,000 for a first offense and $20,000 for subsequent offenses, plus treble damages for injured consumers. The bill defines AI broadly to include software and hardware capable of tasks normally requiring human intelligence, including generative AI. The bill takes effect immediately upon enactment.
Summary

Requires any person or entity that deploys an artificial intelligence system to communicate with a consumer through an online platform to provide clear and conspicuous notice that the consumer is interacting with AI, and to provide information on how to contact a human, before any further communication takes place. Violations are treated as unlawful practices under the New Jersey Consumer Fraud Act, exposing violators to civil penalties up to $10,000 for a first offense and $20,000 for subsequent offenses, plus treble damages for injured consumers. The bill defines AI broadly to include software and hardware capable of tasks normally requiring human intelligence, including generative AI. The bill takes effect immediately upon enactment.

Enforcement & Penalties
Enforcement Authority
Enforced by the New Jersey Attorney General under the New Jersey Consumer Fraud Act (P.L.1960, c.39; C.56:8-1 et seq.). Violations are unlawful practices under the CFA, which authorizes the Attorney General to issue cease and desist orders, seek penalties, and bring enforcement actions. The CFA also provides a private right of action for injured persons to recover damages. Enforcement may be agency-initiated or complaint-driven.
Penalties
Violations are unlawful practices under the New Jersey Consumer Fraud Act. Penalties of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. The CFA authorizes treble damages and costs to injured parties, punitive damages, and cease and desist orders. The CFA's private right of action permits recovery of treble damages without proof of actual monetary harm — ascertainable loss is sufficient.
Who Is Covered
Compliance Obligations 1 obligation · click obligation ID to open requirement page
T-01 AI Identity Disclosure · T-01.1 · Deployer · ChatbotGeneral Consumer App
Section 1(a)(1)-(2), (b), (c)
Plain Language
Any person or entity that uses an AI system to communicate with a consumer on an online platform must, at the moment of first contact and before any further communication, clearly and conspicuously do two things: (1) notify the consumer that they are communicating with an AI system, and (2) provide information on how to reach a human — including contact details such as a phone number or website, the days and hours a human is available, and any other information the consumer needs to connect with a human. This is an unconditional disclosure obligation — it applies whenever AI communicates with a consumer on an online platform, regardless of whether the consumer could be misled. Failure to comply is an unlawful practice under the New Jersey Consumer Fraud Act, exposing the violator to CFA enforcement and penalties.
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: (1) notify the consumer that an artificial intelligence system is communicating with the consumer; and (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. 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. c. As used in this section: "Artificial intelligence" means the development of software and hardware and the end-use application of technologies that are able to perform tasks normally requiring human intelligence, including, but not limited to, visual perception, speech recognition, decision-making, translation between languages, and generative artificial intelligence, which generates new content in response to user inputs of data.