Any person conducting a commercial transaction or trade practice with a consumer must provide a clear and conspicuous disclosure at the outset of the interaction that the consumer is not communicating with a human, whenever the interaction involves a chatbot, AI agent, avatar, or other conversational computer technology and a consumer could reasonably believe they are engaging with a human. The disclosure is a safe harbor — if it is made clearly and conspicuously at the outset, the prohibition does not apply. The trigger is a reasonable-person standard: if the AI system is obviously non-human (e.g., a basic menu-driven phone tree), the obligation may not apply. The scope is limited to commercial transactions and trade practices — non-commercial AI interactions are not covered.

This provision creates the private right of action and attorney general enforcement mechanism for violations of Section 1's disclosure requirement. It specifies available remedies — actual damages, $1,000 liquidated damages per violation, or up to $10 million in a class action — plus attorney's fees and costs for the prevailing party. It also carves out internet service providers involved only in routine transmission. This provision creates no new compliance obligation; it activates the enforcement framework for the disclosure duty in Section 1.

This provision authorizes the attorney general to seek injunctive relief against any person that violates the AI disclosure requirement in Section 1. It creates no new compliance obligation — it is a supplemental enforcement tool giving the attorney general the ability to obtain a court order compelling compliance.