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 disclosure | When 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 by | Consumers (private action) and Attorney General (through 6 Del. C. § 2513 and subchapter II of chapter 25)Proposed 6 Del. C. § 2503N |
|---|---|
| Private lawsuits | Yes |
| 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. |
Sources
- 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.
- HB 306 bill text, Delaware General Assembly Supports: Proposed 6 Del. C. ch. 25N, §§ 2501N-2503N; effective date (Section 2).
- Delaware House Democratic Caucus release, May 6, 2026 Supports: House passage on Tuesday (May 5, 2026); House Amendments 1 and 3.
- Delaware Constitution, Article II, § 4 Supports: General Assembly convenes the second Tuesday of January; sessions end June 30 unless recalled.