Vote: Committee vote · Internet And Technology
Senate Internet And TechnologyMar 12, 2025Result: passed
Sponsor · State Senator, District 59 · Democratic/Working Families
Senate bill · S5668 (2025-26)
Imposes liability for misleading, incorrect, contradictory or harmful information to a user by a chatbot that results in financial loss or other demonstrable harm.
Not chosen yet
Out of committee and scheduled for a vote by the full chamber.
New York State Senate
Same as A222, the matching bill in the Assembly.
Amends the General Business Law.
Consumer Affairs and Protection · New York State Assembly
Also referred to Internet And Technology · New York State Senate.
This bill would amend the general business law, to assign liability for the actions of chatbots to the proprietors of such chatbots. SUMMARY OF ORIGINAL PROVISIONS: Section 1. Amends the general business law by adding a new section 390-f, which sets forth requirements for liability of the proprietors of chatbots. Subsection 1 defines the terms "chatbot" and "proprietor". Subsection 2 (a) provides that a proprietor using a chatbot as an alter- native to a human representative may not disclaim liability for mate- rially misleading, incorrect, contradictory, or harmful information. A proprietor may avoid liability by correcting the information and curing the harm within 30 days. Subsection 2 (b) provides that a proprietor is responsible for ensuring the chatbot provides information that is consistent with formal poli- cies, product details, disclosures, and terms of service to consumers. Subsection 2 (c) provides that a proprietor may not disclaim liability by disclosing to consumers that they are interacting with a non-human chatbot. Subsection 3 provides that a proprietor using a chatbot must provide notice to users that that they are interacting with an Al chatbot rather than a human representative. Section 2. This act shall take effect one year after becoming a law. DIFFERENCE BETWEEN ORIGINAL AND AMENDED Adds subsection 1 (a). Defines "artificial intelligence" Adds subsection 1 (c). Defines "companion chatbot" Adds subsection 1 (d). Defines "covered user" Adds subsection 1 (e). Defines "human-like" Adds subsection 1 (f). Defines "minor" Amends subsection 1 (g). Changes the definition of "proprietor" by removing the requirement that such proprietor have twenty or more employees. Makes other technical changes. Amends subsections 2 (a) and 2 (b). Makes technical changes. Adds a new subdivision 3. States that proprietors of chatbots or other entities may not disclaim liability where their chatbots provide incor- rect, contradictory or harmful information to a covered user that results in bodily harm to a covered user or any third party. Adds a new subdivision 4. Requires proprietors using chatbots to provide notice to covered users that they are interaction with an AI chatbot and not a human. Adds a new subsection 5 (a). Requires that proprietors of companion chatbots use commercially reasonable and technically feasible methods to prevent the self-harm, and to determine whether a covered user is expressing thoughts of self-harm. Where the proprietor makes such a determination, the user must be prohibited from using the platform for at least 24 hours and they must show a suicide crisis organization contact. Adds a new subsection 5 (b). Creates liability for violating 4 (a). Adds a new subsection 5 (c). Creates liability where the proprietor has actual knowledge that a companion chatbot is promoting, causing or aiding self-harm or a covered user has thoughts of self-harm, the proprietor does not prevent the user from using the chatbot for at least 24 hours and does not prominently display the suicide crisis organiza- tion contact, and the user harms themselves. Adds a new subsection 5 (d). States that a proprietor of a companion chatbot cannot waive or disclaim liability under this subdivision. Adds a new subsection 6 (a). Requires that a proprietor of a companion chatbot use commercially reasonable and technically feasible methods to determine whether a covered user is a minor. Adds a new subsection 6 (b). Where a user is determined to be a minor, the proprietor shall cease the user's use of the chatbot until they have obtained parental consent and, where they are determined to be having thoughts of self-harm, they are prohibited from using the service for at least three days and a suicide crisis organization contact is displayed. Adds a new subsection 6 (c). States that a proprietor is strictly liable for any harm caused where they fail to comply with paragraphs (a) or (b) of this subdivision and they inflict self-harm upon them
Filed with the bill. Read it on nysenate.gov (opens in a new tab)
Senate Internet And TechnologyMar 12, 2025Result: passed
The sponsor's argument
With the growing capability and broadening availability of AI-powered large language models, there is an accelerating trend of companies deploying public-facing chatbots that seem like human representatives. While these applications may offer a cost-saving function for business enterprises, numerous instances of AI-powered chatbots giving incorrect information have come to light. Incorrect responses like these greatly deteriorate the customer service experience. Examples include an airline giving incorrect information about bereavement fares, a government agen- cy giving incorrect information about the law, and a car dealership "agreeing to" a $1 sale of a new vehicle. This bill will hold the proprietors of chatbots liable for the misbehav- ior of their products, while allowing an opportunity for cure if the proprietor can correct the information and remedy any harm caused by the provision of incorrect information. Proprietors will also be required to disclose to users that they are interacting with an AI chatbot program. This bill will motivate proprietors to be more careful when designing their chatbot products and will motivate end users to be more skeptical of chatbots and vigilant of erroneous information they may provide. In addition, companion chatbots have risen in popularity. Companion chatbots are AI chatbots that can form interpersonal relationships with users, using current and past user interactions to strengthen that relationship and make it seem more "real." Many vulnerable populations, particularly young people and seniors have turned to companion chatbots for comfort and social interaction occasionally to address feelings of loneliness. While providing comfort to minors and seniors is a laudable goal, the overuse or misuse of companion chatbots, particularly by emotionally vulnerable persons, can be extremely detrimental to their mental health and, in some cases, have even caused users to engage in self-harm and suicide. This bill would set technical requirements for companion chatbot propri- etors to ensure that their chatbots do not encourage, promote, or aid self-harm to users, particularly minors.
This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.
Reference Changed to Science and Technology
REFERENCE CHANGED TO SCIENCE AND TECHNOLOGY
NY Assembly
Referred to committee
REFERRED TO CONSUMER AFFAIRS AND PROTECTION
NY Assembly
Referred to committee
REFERRED TO INTERNET AND TECHNOLOGY
NY Senate
In committee
COMMITTED TO RULES
NY Senate
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
2ND Report CAL.
2ND REPORT CAL.
NY Senate
1ST Report CAL.548
1ST REPORT CAL.548
NY Senate
Amend and Recommit to Consumer Affairs and Protection
AMEND AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION
NY Assembly
Referred to committee
REFERRED TO INTERNET AND TECHNOLOGY
NY Senate
Referred to committee
REFERRED TO CONSUMER AFFAIRS AND PROTECTION
NY Assembly
The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Parties are shown in the same neutral colors.
From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 2, 2026. About our data