AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE REGARDING COMMUNICATION WITH A COMPUTER.
What changed between versions
Damages provision changed from 'actual damages or statutory damages of $1,000, whichever is greater' (alternative) to 'any actual damages as well as statutory damages not exceeding $1,000' (cumulative). Consumers can now recover both actual damages and up to $1,000 in statutory damages on top.
Full definitions added for 'Artificial Intelligence,' 'Avatar,' 'Chatbot,' and a detailed multi-part 'Clear and conspicuous' disclosure standard requiring disclosures to match the medium of communication (textual/aural), be unavoidable, use understandable language, and not be contradicted by other content.
The core prohibition is now fully visible: it is unlawful to engage in a commercial transaction with a consumer who is interacting with computer technology (chatbot, AI agent, or avatar) that may mislead a reasonable person into believing they are talking to a human, without clear and conspicuous notification. The violation applies whether or not the consumer is actually misled.
Remedies section adds: private right of action for consumers, class action liability capped at $10 million, civil penalty up to $5 million per single cause of action enforceable by the Attorney General, and a provision that each interactive session constitutes a separate violation (allowing penalties to multiply).
Effective date set at 180 days after enactment into law.
Sponsorship changed from Rep. Lynn alone to Rep. Romer and Sen. Townsend as primary sponsors with additional cosponsors, reflecting a bicameral sponsorship structure in the final bill.
