In one paragraph
Delaware's HB 306 (153rd General Assembly) would add the Computer Communication Act (6 Del. C. ch. 25N). It would be an unlawful practice to engage or attempt to engage in a commercial transaction with a consumer who is interacting by text or voice with computer technology, such as a chatbot, AI agent or avatar, that could lead a reasonable person to believe they are dealing with a human, unless the person clearly and conspicuously discloses it is a computer. Consumers could sue for actual damages plus up to $1,000; civil penalties could reach $5 million per cause of action. Effective 180 days after enactment. Introduced March 5, 2026; in a Senate committee as of May 5, 2026.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Businesses using chatbots or AI agents in sales or other commercial dealings with Delaware consumers would have to disclose clearly that the consumer is talking to a computer, if the bill is enacted.
Key provisions
- Unlawful practice, whether or not the consumer is misled, deceived or damaged, to transact with a consumer interacting with a chatbot, AI agent, avatar or other computer technology without clear and conspicuous disclosure that it is a computer (§ 2502N)
- Defines 'chatbot', 'avatar' and 'artificial intelligence', and defines 'clear and conspicuous' with seven criteria, including that the disclosure must not be avoidable (§ 2501N)
- Private right of action: actual damages plus statutory damages up to $1,000; class actions capped at $10 million (§ 2503N(b))
- Violation is an unlawful practice under 6 Del. C. § 2513; civil penalty up to $5 million per cause of action, each interactive session counted as a separate violation (§ 2503N(c))
- The operative text has no exemptions; the remedies are not exclusive of other remedies (§ 2503N(d))
- Would take effect 180 days after enactment (Section 2)
Latest legislative action
May 5, 2026. Senate Banking, Business, Insurance & Technology 5/5/26 (Awaiting consideration in Committee)
Sponsors (showing 5 of 39)
| Name | Role |
|---|---|
| Bryan Townsend D | Primary |
| Charles Potter Jr. | Primary |
| Cyndie Romer D | Primary |
| Dave G. Lawson R | Primary |
| Debra Heffernan D | Primary |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error