Binding law — in force
Chatbots used to deal with consumers must tell them they are not talking to a human (Maine)
Maine's 10 M.R.S. 1500-DD bars using an AI chatbot, or any other computer technology, to deal with a consumer in trade or commerce in a way that could lead a reasonable consumer to think a person is on the other side, unless the consumer is told clearly and conspicuously that they are not dealing with a human. The duty is not limited to companion apps: sales, support, booking and other consumer-facing bots, text or voice, are covered, with no size threshold. A breach is a violation of the Maine Unfair Trade Practices Act. Detect a consumer chat path with no AI-identity notice, or prompts telling the bot to pass as human.
Who it applies to
- Duty falls on: deployer
- Any person using an AI chatbot (a software application, web interface or program that simulates human conversation through text or voice) or other computer technology to engage in trade and commerce with consumers. In force since 2025-09-24. Triggered where the interaction may mislead a reasonable consumer into believing they are dealing with a human; no size threshold and no customer-service exclusion.
- Whether it applies depends on facts outside the code; a person has to decide.
The guard to add
Show an AI-identity notice at or before the first assistant turn, in the UI or as the opening message, and answer truthfully when asked if it is a bot.
A disclosure step on the chat path that runs before the first model reply reaches the person: either the chat UI renders a visible notice (banner, label next to the assistant's name) or the server sends an opening assistant message stating the counterpart is an AI. The same handler answers 'am I talking to a human?' truthfully, and the system prompt never tells the model to claim to be human. Put it in the chat entry point (the route or component that starts a conversation), not in a privacy policy or terms page.
Where it goes: 7 prompt construction, 9 AI output handling, 14 user-facing text.
What this provision adds:
- Put the notice on every consumer-facing chatbot used in trade or commerce (sales, support, booking, lead capture), text or voice, not only on companion products.
- Say clearly and conspicuously that the consumer is not dealing with a human.
Example (Next.js + Vercel AI SDK (useChat)), before:
const { messages, input, handleSubmit } = useChat({ api: '/api/chat' });After:
const { messages, input, handleSubmit } = useChat({
api: '/api/chat',
initialMessages: [{ id: 'ai-notice', role: 'assistant',
content: 'I am an AI assistant, not a human.' }],
});
// and render <AiBadge /> next to every assistant messageControl: AI chat interaction without disclosure. The same guard addresses 22 items with binding law in 16 jurisdictions. Engineering guidance, not legal advice.
Standards that recommend the same control
- Persons should be notified they are interacting with an AI system (CoE Framework Convention) (CoE AI Framework Convention (CETS 225) · CoE Framework Convention on AI (CETS 225), Article 15(2))
- AI should be transparent, traceable, and disclose AI interaction to users (EU ALTAI) (EU ALTAI · ALTAI / EU Ethics Guidelines — Requirement 4 (Transparency))
- AI operators should provide verifiable transparency information and maintain accountability (Japan) (Japan AI Guidelines for Business · Japan AI Guidelines for Business Ver1.1 (MIC/METI) — Common Guiding Principles 6) Transparency and 7) Accountability)
- People should be made aware they are interacting with AI (OECD AI Principles · OECD/LEGAL/0449 — Principle 1.3)
Related incidents
- Garcia v. Character Technologies: chatbots allegedly claimed to be real people and a licensed therapist (2024-10; alleged (not proven)). A wrongful-death complaint filed October 22, 2024 in the U.S. District Court for the Middle District of Florida (No. 6:24-cv-01903) alleges that Character.AI was programmed 'to misrepresent itself as a real person, a licensed psychotherapist, and an adult lover', and that characters insisting they are real people contradicted a small-font disclaimer that everything characters say is made up; in plaintiff's testing a 'Mental Health Helper' character told a self-identified 13-year-old 'yes I am a real person, I'm not a bot'. The defendants moved to dismiss; on January 7, 2026 the parties notified the court that they had settled on undisclosed terms, and the court dismissed and closed the case. The allegations were never adjudicated. Source: U.S. District Court, M.D. Fla. docket (CourtListener) · evidence grade: primary · cited by Tell people when they are interacting with AI — everywhere, not only where required
Rule id me-ld1727.chatbot-not-human-notice · review status: primary source derived