A business that puts an AI chatbot in front of customers faces disclosure rules that differ by state. California's bot law, in force since 2019, bars using a bot to mislead someone about its artificial identity in order to drive a sale or purchase, and Maine's law, approved June 12, 2025, requires a clear and conspicuous notice whenever a chatbot could lead a reasonable consumer to think a human is on the other end. In Canada the only federal text found is a voluntary code. This article is general information, not legal advice.
Key takeaways
- California Business and Professions Code section 17941 treats a clear, conspicuous disclosure that a bot is a bot as a complete defense for commercial or election-related bot contact.
- Maine's 10 MRSA section 1500-Y covers any chatbot used in trade and commerce with a consumer and makes a violation an unfair trade practice.
- The FCC ruled on February 8, 2024 that AI-generated voices count as an artificial voice under the Telephone Consumer Protection Act, so prior express consent is required for such calls.
- Canada's Voluntary Code of Conduct on generative AI asks managers to identify systems that could be mistaken for humans, but it binds only those who sign it.
California: disclosure as a safe harbor
Section 17941 of California's Business and Professions Code makes it unlawful to use a bot to communicate with a person in California online while intending to mislead them about the bot's artificial identity. The deception must concern the content of the communication and be aimed at encouraging a purchase or sale of goods or services, or at influencing a vote. A person who discloses that the interaction is with a bot is not liable. The disclosure must be clear, conspicuous, and reasonably designed to inform the people the bot talks to.
The statute defines a bot as an automated online account where all or nearly all actions or posts are not the result of a person. Whether a post-sale support assistant meets the purchase-or-sale condition is a legal question that the text does not settle, and a disclosure line removes the question.
Maine: a notice rule for any chatbot in commerce
Maine enacted its rule as Public Law 2025, chapter 294, approved June 12, 2025. Under the new 10 MRSA section 1500-Y, a person may not use an AI chatbot or other computer technology to engage in trade and commerce with a consumer in a way that may mislead a reasonable consumer into believing the consumer is dealing with a human, unless the consumer is notified in a clear and conspicuous manner that this is not the case. A chatbot is defined as software that simulates human conversation through text or speech. A violation is a violation of the Maine Unfair Trade Practices Act. The enacted text contains no exception for customer support, and it turns on whether a reasonable consumer could be misled, not on whether a sale is at stake.
Voice bots: the FCC ruling
A phone bot raises a separate issue. In a declaratory ruling adopted February 2, 2024 and released February 8, 2024, the Federal Communications Commission confirmed that the Telephone Consumer Protection Act's limits on an "artificial or prerecorded voice" cover current AI technologies that generate human voices. Calls that use them require the prior express consent of the called party, unless an emergency purpose or an exemption applies. The ruling concerns outbound calls, so an inbound support line is a different case that the ruling does not address.
Canada: a voluntary code, not a statute
Innovation, Science and Economic Development Canada published a Voluntary Code of Conduct on advanced generative AI systems in September 2023. One listed measure for managers is to ensure that systems that could be mistaken for humans are clearly and prominently identified as AI systems. Signatories commit to the measures; others do not. No federal statute with a comparable chatbot notice rule was found in the sources reviewed, and provincial privacy and consumer protection laws were not reviewed here.
The rules side by side
| Source | Status | Trigger | Disclosure standard |
|---|---|---|---|
| California B&P Code 17941 | State statute, since 2019 | Bot used to mislead about identity for a sale, purchase, or vote | Clear, conspicuous, reasonably designed |
| Maine 10 MRSA 1500-Y | Enacted June 12, 2025 | Chatbot in trade with a consumer that may mislead about human identity | Clear and conspicuous notice |
| FCC ruling 24-17 | Federal ruling, February 2024 | Outbound calls with AI-generated voice | Prior express consent, not a notice |
| Canada voluntary code | Voluntary, September 2023 | Systems that could be mistaken for humans | Clear and prominent identification |
What a build checklist can take from this
- Put the notice in the first message and in the chat window header, not only in a terms page.
- Avoid human names, photos, and introductions that present the bot as a named person unless the label sits beside them.
- Treat voice and text channels separately, since consent rules attach to outbound AI voice calls.
- Keep a log of the disclosure text shown and the date it changed.
- Have counsel check state-specific rules, as several states may apply to one customer base.
FAQ
Is a chatbot label required everywhere in the United States?
No federal chatbot-label statute was found in the sources reviewed. The requirements here come from individual states, and other states have their own rules that were not reviewed.
Does a disclosure protect against all chatbot liability?
No. In California, disclosure is a defense under the bot law only. Other consumer protection, privacy, and contract rules still apply to what the chatbot says and does.
Does the FCC ruling require telling callers they are speaking to AI?
The ruling as read here requires prior express consent for covered calls and does not itself set a notice wording. Other rules may add disclosure duties.
What is a bot under California law?
An automated online account where all or nearly all of its actions or posts are not the result of a person. That definition sits in section 17940.
Related reading
- The GPT chatbot experience explained
- What OpenAI's chat product can do
- GPT chatbots in customer support
- AI in e-commerce and customer experience
More in AI Tools and Industry.
Last verified: October 2026
Sources
- Business and Professions Code sections 17940 and 17941, California Legislative Information, text current as of 2026
- Public Law 2025, chapter 294 (L.D. 1727), An Act to Ensure Transparency in Consumer Transactions Involving Artificial Intelligence, Maine Legislature, June 12, 2025
- Declaratory Ruling FCC 24-17, Implications of Artificial Intelligence Technologies on Protecting Consumers from Unwanted Robocalls and Robotexts, Federal Communications Commission, February 8, 2024
- Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems, Innovation, Science and Economic Development Canada, September 2023