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Kristen Gonzalez

Sponsor · State Senator, District 59 · Democratic/Working Families

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Senate bill · S5668 (2025-26)

Relates to liability for misleading, incorrect, contradictory or harmful information provided to a user by a chatbot

Latest action Mar 5, 2026

Summary

Imposes liability for misleading, incorrect, contradictory or harmful information to a user by a chatbot that results in financial loss or other demonstrable harm.

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Where it stands

Out of committee and scheduled for a vote by the full chamber.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Same as A222, the matching bill in the Assembly.

Amends the General Business Law.

Committee

Consumer Affairs and Protection · New York State Assembly

Also referred to Internet And Technology · New York State Senate.

Purpose, from the sponsor's memo

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)

Recorded votes

  • Vote: Committee vote · Internet And Technology

    Senate Internet And TechnologyMar 12, 2025Result: passed

    (7) (0) (0) (0)

The sponsor's argument

Why Kristen Gonzalez says this is needed

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.

Full history

  1. Mar 5, 2026

    Reference Changed to Science and Technology

    REFERENCE CHANGED TO SCIENCE AND TECHNOLOGY

    NY Assembly

  2. Jan 7, 2026

    Referred to committee

    REFERRED TO CONSUMER AFFAIRS AND PROTECTION

    NY Assembly

  3. Jan 7, 2026

    Referred to committee

    REFERRED TO INTERNET AND TECHNOLOGY

    NY Senate

  4. Jun 13, 2025

    In committee

    COMMITTED TO RULES

    NY Senate

  5. Mar 17, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

Show full history (5 earlier events)
  1. Mar 13, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  2. Mar 12, 2025

    1ST Report CAL.548

    1ST REPORT CAL.548

    NY Senate

  3. Feb 28, 2025

    Amend and Recommit to Consumer Affairs and Protection

    AMEND AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION

    NY Assembly

  4. Feb 27, 2025

    Referred to committee

    REFERRED TO INTERNET AND TECHNOLOGY

    NY Senate

  5. Jan 8, 2025

    Referred to committee

    REFERRED TO CONSUMER AFFAIRS AND PROTECTION

    NY Assembly

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Cosponsors

The list shows the cosponsors who are on Agora, A to Z. The official record may list more.

Party colors

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Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 2, 2026. About our data

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