• (a) False or misleading claims regarding the capabilities of an AI system shall be considered a deceptive act or practice under applicable federal or state consumer protection law.
  • (b) If an AI system itself engages in a deceptive act or practice, any and all first-party developers of the system shall be held jointly and severally liable for any harms that result from the practice1.

Applicable technical resources

  1. An example of 2.4(b) would be an AI customer support chatbot giving a customer incorrect information about their ability to obtain a refund. The parent company is to be held liable in the same way they would if a human support agent gave the incorrect information. 

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