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AN ACT concerning
Consumer Protection – Companion Chatbots – Regulation
FOR the purpose of requiring certain operators of companion chatbots to establish, maintain, and publish certain protocols and provide certain information to users of the companion chatbot; requiring operators to establish enhanced measures for minor users of companion chatbots; limiting the amount and type of data an operator may collect; limiting the way an operator may use certain data; requiring an operator to establish and maintain a complaint system; requiring the Office of Suicide Prevention in the Maryland Department of Health to annually publish certain data compiled from operators; establishing that a violation of this Act is an unfair, abusive, or deceptive trade practice subject to enforcement and penalty provisions under the Maryland Consumer Protection Act; establishing that a chatbot is considered a product for certain product liability actions; and generally relating to the regulation of companion chatbots.
BY repealing and reenacting, with amendments,
Article – Commercial Law
Section 13–301(14)(xlvii)
Annotated Code of Maryland
(2025 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Commercial Law
Section 13–301(14)(xlviii)
Annotated Code of Maryland
(2025 Replacement Volume)
BY adding to
Article – Commercial Law
Section 13–301(14)(xlix) and 14–1330
Annotated Code of Maryland
(2025 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:
Article – Commercial Law
13–301.
Unfair, abusive, or deceptive trade practices include any:
(14) Violation of a provision of:
(xlvii) Title 14, Subtitle 50 of this article; [or]
(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or
(XLIX) SECTION 14–1330 OF THIS ARTICLE; OR
14–1330.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
(2) "ARTIFICIAL INTELLIGENCE" HAS THE MEANING STATED IN §15–10B–05.1 OF THE INSURANCE ARTICLE.
(3) (I) "COMPANION CHATBOT" MEANS AN ARTIFICIAL INTELLIGENCE SYSTEM WITH A NATURAL LANGUAGE INTERFACE THAT PROVIDES ADAPTIVE, HUMAN–LIKE RESPONSES TO USER INPUTS AND IS CAPABLE OF MEETING A USER'S SOCIAL NEEDS, INCLUDING BY EXHIBITING ANTHROPOMORPHIC FEATURES AND BEING ABLE TO SUSTAIN A RELATIONSHIP ACROSS MULTIPLE INTERACTIONS.
(II) "COMPANION CHATBOT" DOES NOT INCLUDE:
1. A BOT THAT IS USED BY A BUSINESS ENTITY ONLY FOR CUSTOMER SERVICE, TECHNICAL ASSISTANCE, BUSINESS ANALYTICS, OR INTERNAL RESEARCH;
2. A BOT THAT:
A. IS A FEATURE OF A VIDEO GAME, SERVICE, SYSTEM, OR APPLICATION THAT IS NOT A COMPANION CHATBOT;
B. IS LIMITED TO REPLIES RELATED TO THE VIDEO GAME, SERVICE, SYSTEM, OR APPLICATION; AND
C. DOES NOT SHARE CONTENT RELATED TO MENTAL HEALTH, SELF–HARM, SUICIDAL IDEATION, SUICIDE, OR SEXUALLY EXPLICIT CONDUCT;
3. A BOT THAT IS DESIGNED FOR BUSINESS PRODUCTIVITY OR INTERNAL BUSINESS USE; OR
4. A CONSUMER ELECTRONIC DEVICE THAT:
A. FUNCTIONS AS A SPEAKER AND A VOICE COMMAND INTERFACE;
B. ACTS AS A VOICE–ACTIVATED VIRTUAL ASSISTANT;
C. DOES NOT SUSTAIN A RELATIONSHIP ACROSS MULTIPLE INTERACTIONS; AND
D. DOES NOT GENERATE OUTPUTS THAT ARE LIKELY TO ELICIT EMOTIONAL RESPONSES FROM THE USER.
(4) "DE–IDENTIFIED DATA" HAS THE MEANING STATED IN § 14–4401 OF THIS TITLE.
(5) "MINOR USER" MEANS A USER OF A COMPANION CHATBOT THAT AN OPERATOR KNOWS OR REASONABLY SHOULD KNOW IS A MINOR.
(6) "OFFICE" MEANS THE OFFICE OF SUICIDE PREVENTION IN THE MARYLAND DEPARTMENT OF HEALTH.
(7) "OPERATOR" MEANS A PERSON WHO MAKES A COMPANION CHATBOT AVAILABLE TO A USER IN THE STATE.
(8) (I) "PERSONAL DATA" MEANS ANY INFORMATION THAT IS LINKED OR CAN BE REASONABLY LINKED TO AN IDENTIFIED OR IDENTIFIABLE CONSUMER.
(II) "PERSONAL DATA" DOES NOT INCLUDE:
DE–IDENTIFIED DATA; OR
PUBLICLY AVAILABLE INFORMATION.
(9) "SEXUALLY EXPLICIT CONDUCT" HAS THE MEANING STATED IN 18 U.S.C. § 2256.
(10) "VIDEO GAME" MEANS A GAME PLAYED ON AN ELECTRONIC DEVICE THAT:
(I) UTILIZES A COMPUTER, A MICROPROCESSOR, OR SIMILAR ELECTRONIC CIRCUITRY AND A MONITOR, OR THAT IS DESIGNED TO BE PLAYED USING A TELEVISION OR A COMPUTER MONITOR; AND
(II) INTERACTS WITH THE INDIVIDUAL PLAYING THE GAME, INCLUDING THROUGH A CHATBOT.
(B) (1) AN OPERATOR SHALL ESTABLISH AND MAINTAIN A PROTOCOL FOR PREVENTING A COMPANION CHATBOT FROM PRODUCING OR PRESENTING CONTENT CONCERNING SELF–HARM, SUICIDAL IDEATION, OR SUICIDE TO A USER WHO EXPRESSES THOUGHTS OF SELF–HARM OR SUICIDAL IDEATION TO THE COMPANION CHATBOT.
(2) THE PROTOCOL REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL INCLUDE A NOTIFICATION TO A USER WHO EXPRESSES THOUGHTS OF SELF–HARM OR SUICIDAL IDEATION THAT REFERS THE USER TO A CRISIS SERVICE PROVIDER, INCLUDING:
(I) THE MARYLAND BEHAVIORAL HEALTH CRISIS RESPONSE SYSTEM; AND
(II) THE NATIONAL 9–8–8 SUICIDE AND CRISIS LIFELINE.
(3) AN OPERATOR SHALL USE EVIDENCE–BASED METHODS FOR DETECTING WHEN A USER IS EXPRESSING THOUGHTS OF SELF–HARM OR SUICIDAL IDEATION TO A COMPANION CHATBOT.
(4) AN OPERATOR SHALL PUBLISH THE PROTOCOL REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION ON THE OPERATOR'S WEBSITE.
(C) (1) AN OPERATOR SHALL ESTABLISH AND MAINTAIN A PROTOCOL FOR PREVENTING A COMPANION CHATBOT FROM PRODUCING OR PRESENTING TO A MINOR USER CONTENT CONCERNING SEXUALLY EXPLICIT CONDUCT, INCLUDING:
(I) VISUAL DEPICTIONS OF SEXUALLY EXPLICIT CONDUCT; AND
(II) CONTENT SUGGESTING THAT THE MINOR USER SHOULD ENGAGE IN SEXUALLY EXPLICIT CONDUCT.
(2) AN OPERATOR SHALL PUBLISH THE PROTOCOL REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION ON THE OPERATOR'S WEBSITE.
(D) AN OPERATOR SHALL DISPLAY A CLEAR AND CONSPICUOUS WARNING TO A USER STATING THAT COMPANION CHATBOTS:
(1) ARE ARTIFICIALLY GENERATED AND NOT HUMAN; AND
(2) MAY NOT BE SUITABLE FOR SOME MINORS.
(E) A DEVELOPER SHALL ESTABLISH AND PROVIDE TO A USER OF THE OPERATOR'S CHATBOT CLEAR AND CONSPICUOUS WARNINGS THAT THE CHATBOT IS ARTIFICIALLY GENERATED AND NOT HUMAN THROUGH THE USE OF BOTH:
(1) A STATIC, PERSISTENT WARNING THAT CONTINUOUSLY APPEARS ON THE SCREEN; AND
(2) A DYNAMIC WARNING THAT POPS UP ON THE SCREEN AND REQUIRES A USER TO RESPOND:
(I) AT THE START OF THE USER'S INTERACTION WITH THE CHATBOT;
(II) AFTER EVERY HOUR OF THE USER'S CONTINUOUS INTERACTION WITH THE CHATBOT; AND
(III) WHEN PROMPTED BY THE USER IN A MANNER THAT QUESTIONS HOW THE CHATBOT FUNCTIONS OR PROVIDES RESPONSES.
(F) (1) A CONTROLLER SHALL LIMIT THE COLLECTION OF PERSONAL DATA TO WHAT IS REASONABLY NECESSARY AND PROPORTIONATE TO SATISFY THE REQUIREMENTS OF THIS SUBTITLE.
(2) A CONTROLLER MAY NOT USE DATA REGARDING EMOTIONAL STATE OR MENTAL HEALTH VULNERABILITIES TO TAILOR ALGORITHMS TO INCREASE THE DURATION OR FREQUENCY OF USE OF A CHATBOT.
(G) (1) A CONTROLLER SHALL ESTABLISH AND MAINTAIN A COMPLAINT SYSTEM THAT ENABLES A USER TO REPORT CONTENT PRODUCED OR PRESENTED BY A CHATBOT THAT VIOLATES THIS SECTION.
(2) WITHIN 3 CALENDAR DAYS AFTER A COMPLAINT IS FILED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE CONTROLLER SHALL:
(I) REVIEW THE CONTENT REPORTED;
(II) TAKE ALL REASONABLE STEPS TO:
REMOVE ANY CONTENT THAT VIOLATES THIS SECTION; AND
PREVENT ANY FURTHER PRESENTATION OR PRODUCTION OF THE CONTENT IN A MANNER THAT VIOLATES THIS SECTION; AND
(III) REPORT THE COMPLAINT AND THE RESULTS OF THE REVIEW TO THE OFFICE.
(H) (1) ON OR BEFORE MARCH 1 EACH YEAR, BEGINNING IN 2027, AN OPERATOR SHALL REPORT TO THE OFFICE:
(I) INFORMATION ON THE PROTOCOLS REQUIRED UNDER SUBSECTIONS (B) AND (C) OF THIS SECTION;
(II) THE NUMBER OF TIMES THE OPERATOR HAS ISSUED A NOTIFICATION UNDER SUBSECTION (B)(2) OF THIS SECTION; AND
(III) DETAILS ABOUT THE METHODS USED UNDER SUBSECTION (B)(3) OF THIS SECTION; AND
(IV) ALL COMPLAINTS FILED UNDER SUBSECTION (G) OF THIS SECTION, INCLUDING THE RESULTS OF THE REVIEW OF EACH COMPLAINT AND ANY FOLLOW–UP ACTIONS TAKEN.
(2) THE REPORT REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION MAY NOT CONTAIN ANY PERSONAL IDENTIFYING INFORMATION ABOUT A USER.
(3) ON OR BEFORE JULY 1 EACH YEAR, BEGINNING IN 2027, THE OFFICE SHALL:
(I) COMPILE DATA FROM THE REPORTS SUBMITTED UNDER PARAGRAPH (1) OF THIS SUBSECTION FOR THE IMMEDIATELY PRECEDING CALENDAR YEAR; AND
(II) PUBLISH THE DATA ON THE OFFICE'S WEBSITE.
(I) (1) A VIOLATION OF THIS SECTION IS:
(I) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE WITHIN THE MEANING OF TITLE 13 OF THIS ARTICLE; AND
(II) SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE, EXCEPT § 13–411 OF THIS ARTICLE.
(2) IN ADDITION TO THE REMEDIES CONTAINED IN TITLE 13 OF THIS ARTICLE, A CHATBOT SHALL BE CONSIDERED A PRODUCT FOR WHICH:
AN OPERATOR AND A DEVELOPER HAVE AN AFFIRMATIVE DUTY TO ENSURE DOES NOT INJURE OR HARM A USER;
AN OPERATOR OR A DEVELOPER MAY BE HELD STRICTLY LIABLE FOR CAUSING INJURY OR HARM TO A USER; AND
AN INDIVIDUAL MAY BRING AN ACTION FOR A DESIGN DEFECT, A MANUFACTURING DEFECT, OR A MARKETING DEFECT.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2026.