An Act To Amend Title 6 Of The Delaware Code Regarding Communication With A Computer.
Summary
HB306 creates a new chapter in Title 6 of the Delaware Code, the “Computer Communication Act,” to regulate commercial interactions between consumers and computer technology. The bill defines key terms such as artificial intelligence, chatbot, avatar, and “clear and conspicuous” disclosure, and it makes it an unlawful practice to engage in a consumer commercial transaction through computer technology that could reasonably be mistaken for a human interaction unless the consumer is clearly told they are communicating with a computer rather than a person.
The bill is aimed at preventing deceptive or misleading use of AI-driven or automated systems in customer-facing communications. It applies when a consumer is interacting with a chatbot, AI agent, or avatar in a way that could lead a reasonable person to think they are speaking with a human, and it requires a clear disclosure of the computer-based nature of the interaction. The act takes effect 180 days after enactment.
Impact
HB306 would amend Delaware consumer protection law by adding a new prohibition on deceptive computer-mediated communications in commercial transactions. It creates a private right of action for consumers, authorizes actual damages and statutory damages up to $1,000 per claim, allows class-action liability up to $10 million, and treats violations as unlawful and prohibited trade practices under existing Title 6 provisions. The bill also permits the Attorney General to seek injunctive relief and civil penalties up to $5 million, and it states that each interactive session may count as a separate violation.
Sentiment
The available voting history suggests the bill had meaningful but not unanimous support, passing House Third Reading by a vote of 25 yeas to 12 nays. No committee transcript is available, so there is no recorded debate to indicate detailed public arguments or amendments. Overall, the bill appears to have been viewed as a consumer-protection measure with enough support to advance, but with a notable minority opposed or unconvinced.
Contention
The main point of contention is likely the scope of liability and compliance burden imposed on businesses using AI, chatbots, or avatars in customer service and sales. Supporters would view the bill as a transparency and anti-deception measure, while opponents may object to the broad trigger based on what a “reasonable person” might believe, the private right of action, and the potentially large civil penalties and class-action exposure. The bill’s treatment of each interactive session as a separate violation may also raise concerns about cumulative penalties and litigation risk.