Washington State Enacts First-of-Its-Kind Chatbot Disclosure Law
By: Nicole H. Buckley and Whitney E. McCollum
Washington State Governor Bob Ferguson recently signed House Bill 2225 (the Chatbot Disclosure Act) into law, effective 1 January 2027. The Chatbot Disclosure Act requires people and entities who operate AI “companion” chatbots to provide clear and ongoing disclosure to Washington consumers that they are interacting with an automated system and not a human being.
Key Provisions
Under the Chatbot Disclosure Act, a “companion” chatbot is defined as an AI system that simulates human responses and can sustain a relationship with users across multiple interactions. The law applies to all people and entities operating “companion” chatbots in Washington State.
To comply with the Chatbot Disclosure Act, “companion” chatbot operators must provide a clear and ongoing disclosure that users are communicating with an automated system. Specifically, “companion” chatbot operators have an obligation to disclose that the chatbot is “artificially generated and not human” at the beginning of each interaction and again every three hours of a continuous interaction. Additionally, if the chatbot operators are aware that users are minors—or if the chatbot is directed toward minors—more rigorous disclosure standards apply. For example, chatbot operators aware of or targeting minor users must implement reasonable measures to prevent chatbots from deploying manipulative engagement techniques (e.g., praising minor users for returning to the chatbot for emotional support).
Not all chatbots are “companion” chatbots. The following use cases are not considered “companion” chatbots under the law and therefore exempt from additional disclosure obligations:
- Bots used only for a business’s operational purposes;
- Bots that are features of a video game or gaming application, so long as the bot does not discuss certain sensitive topics (i.e., suicide, self-harm, mental health);
- A stand-alone electronic device that primarily functions as a voice command interface; and
- Specific educational tools that are curriculum-focused.
Violations of the Chatbot Disclosure Act are enforceable under RCW 19.86 (Washington Consumer Protection Act). Notably, affected consumers have a private right of action under the Chatbot Disclosure Act. Plaintiffs may bring lawsuits against chatbot operators and, if an operator is found in violation of the law, recover actual damages (including discretionary treble damages up to US$25,000).
What Businesses Should Do Now
The Chatbot Disclosure Act goes into effect on 1 January 2027. In preparation, businesses should begin to:
- Jump-start internal discussions about AI governance processes with the goal of developing and building out such processes in advance of the new year
- Audit existing or planned chatbot deployments
- Implement disclosures alongside active chatbots’ user interfaces that reappear as required
- In partnership with legal counsel, review existing or pending vendor contracts to allocate compliance responsibilities where third-party chatbot platforms are or may be used.