Duty LXD-0837
Deploys a chatbot, in Pennsylvania
Each law's tag says when it binds: since in force proposed proposed
Unfair Trade Practices and Consumer Protection Lawsince 2 lines
73 Pa. Stat. Ann. §§ 201-1 to 201-9.3 (Act of , P.L.1224, No.387)
- Do not engage in unfair methods of competition or unfair or deceptive acts or practices in commerce.
- Do not deceive consumers through undisclosed use of AI, including undisclosed chatbots in commercial contexts, deceptive AI-generated marketing, or false claims about AI capabilities.
Dittman v. UPMCsince 2 lines
196 A.3d 1036 (Pa. 2018)
- Applies to an employer that stores its employees' sensitive personal information on an internet-accessible computer system.
- Exercise reasonable care to safeguard that information: the Supreme Court of Pennsylvania held, on review of an order sustaining preliminary objections in the nature of a demurrer, that such an employer has a legal duty to do so.
Wiretapping and Electronic Surveillance Control Act, Interception, Consent Exception and Civil Actionin force3 lines
18 Pa.C.S. §§ 5703, 5704(4), 5725 · Read the law's page
- Do not intercept, disclose or use the contents of a wire, electronic or oral communication unless every party has given prior consent or another exception in section 5704 applies; outside law enforcement, being a party to the communication is not an exception.
- If your website loads a third-party script that routes a visitor's communications to the vendor's servers, get the visitor's prior consent; it is no defense that the visitor communicated directly with those servers, and consent may be implied only where the visitor knew or should have known of the interception.
- If you record telephone marketing or customer service communications for training, quality control or monitoring, have one party's consent, use the recordings only for training or quality control, and destroy them within one year unless federal or State law requires otherwise.
- The rule covers a telephone call and any electronic communication, including what a visitor sends through a website; it covers an in-person oral communication only where the speaker expected, in circumstances justifying the expectation, that it would not be intercepted.
HB 1857 — AI Transparency in Services Act (Consumer Disclosure and Right to Human Review)proposed3 lines
Pa. H.B. 1857, 2025-2026 Regular Session
- This measure is in committee and binds nobody yet; what follows is what it would require if it is enacted in this form.
- Disclose the use of artificial intelligence clearly and conspicuously at the start of a consumer interaction.
- Inform consumers of their right to request human review of high-impact AI-assisted decisions covering credit, employment, insurance, housing, and healthcare.
HB 2100 — Protecting Patients Act (Mental Health AI Chatbot Regulation)proposed5 lines
Pa. H.B. 2100, 2025-2026 Regular Session
- This measure is in committee and binds nobody yet; what follows is what it would require if it is enacted in this form.
- Do not use patient inputs for advertising targeting.
- Do not sell or share individually identifiable mental health information.
- Restrict the use of artificial intelligence by licensed mental health therapists to administrative functions such as scheduling and billing.
- Label advertisements within a chatbot clearly as advertisements.
S.B. 1090, SAFECHAT Actproposed3 lines
Pa. S.B. 1090, 2025-2026 Regular Session · Read the law's page
- Issue a clear and conspicuous notification that an AI companion is artificially generated and not human, whenever a reasonable person interacting with it could otherwise be misled into believing it is human.
- Maintain, implement, and publicly publish a protocol to prevent the AI companion from producing suicidal ideation, suicide, or self-harm content, including referring a user who expresses such content to a crisis line.
- For a user you know or should have known is a minor, give the additional disclosures and safeguards this measure specifies.