Chatbot Laws Which laws apply?

Delaware / AI disclosure

HB 306

Computer Communication Act: An Act to amend Title 6 of the Delaware Code regarding communication with a computer

Bill pendingDeadline: Jan. 12, 2027

Passed the House 25-12 on May 5, 2026 with House Amendments 1 and 3; assigned to the Senate Banking, Business, Insurance & Technology Committee the same day, its last action. Delaware's 2026 session ended June 30; the bill can move only if the General Assembly is recalled before the 154th General Assembly convenes on January 12, 2027. The bill dies if not passed before the 154th General Assembly convenes on January 12, 2027.

Chatbot Laws · verified Oct. 21, 2026

Would make it an unlawful practice to engage in a commercial transaction with a consumer through a chatbot, AI agent or avatar that could lead a reasonable person to think it is human, unless the consumer gets a clear and conspicuous notice that it is a computer. Consumers could sue for actual damages plus up to $1,000, and violations would also be unlawful trade practices carrying civil penalties of up to $5 million.

Who it would cover

Any person that engages or attempts to engage in a commercial transaction with a consumer through computer technology such as a chatbot, AI agent or avatar in a text or voice conversation. The bill does not define consumer or commercial transaction and lists no exemptions.

What it would require

AI disclosureWhen a consumer in a commercial transaction is in a text or voice conversation with a chatbot, AI agent, avatar or other computer technology that could lead a reasonable person to believe they are dealing with a human, the business must give a clear and conspicuous notice that the consumer is communicating with a computer and not a human. Liability does not depend on whether anyone was actually misled.Proposed 6 Del. C. §§ 2501N(4), 2502N

Enforcement

Enforced byConsumers (private action) and Attorney General (through 6 Del. C. § 2513 and subchapter II of chapter 25)Proposed 6 Del. C. § 2503N
Private lawsuitsYes
PenaltiesActual damages plus statutory damages of up to $1,000; class-action liability capped at $10 million. A violation is also an unlawful practice under 6 Del. C. § 2513 and a violation of subchapter II of chapter 25, with a civil penalty of up to $5 million in any single cause of action. Each interactive session is a separate violation.

Sources

  1. HB 306 bill detail, Delaware General Assembly Supports: Title, sponsors, introduction Mar 5, 2026, current status in Senate Banking, Business, Insurance & Technology (May 5, 2026), synopsis.
  2. HB 306 bill text, Delaware General Assembly Supports: Proposed 6 Del. C. ch. 25N, §§ 2501N-2503N; effective date (Section 2).
  3. Delaware House Democratic Caucus release, May 6, 2026 Supports: House passage on Tuesday (May 5, 2026); House Amendments 1 and 3.
  4. Delaware Constitution, Article II, § 4 Supports: General Assembly convenes the second Tuesday of January; sessions end June 30 unless recalled.

Questions

Has Delaware HB 306 passed?

No. It is not law as of November 4, 2026. Passed the House 25-12 on May 5, 2026 with House Amendments 1 and 3; assigned to the Senate Banking, Business, Insurance & Technology Committee the same day, its last action. Delaware's 2026 session ended June 30; the bill can move only if the General Assembly is recalled before the 154th General Assembly convenes on January 12, 2027.

Who would Delaware HB 306 apply to?

Any person that engages or attempts to engage in a commercial transaction with a consumer through computer technology such as a chatbot, AI agent or avatar in a text or voice conversation. The bill does not define consumer or commercial transaction and lists no exemptions.

Who would enforce Delaware HB 306?

Consumers (private action) and Attorney General (through 6 Del. C. § 2513 and subchapter II of chapter 25). Penalties: Actual damages plus statutory damages of up to $1,000; class-action liability capped at $10 million. A violation is also an unlawful practice under 6 Del. C. § 2513 and a violation of subchapter II of chapter 25, with a civil penalty of up to $5 million in any single cause of action. Each interactive session is a separate violation.

Can people sue under Delaware HB 306?

Yes. It would give people harmed by a violation a right to sue.