SF 1886

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/28/2025 09:23 a.m.

A bill for an act
relating to consumer protection; requiring persons to disclose that an individual
is communicating with artificial intelligence; proposing coding for new law in
Minnesota Statutes, chapter 325M.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325M.40] DISCLOSURE OF ARTIFICIAL INTELLIGENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purpose of this section, "artificial intelligence" means
a machine-based system that, for an explicit or implicit objective, infers from the inputs the
system receives how to generate outputs, including content, decisions, predictions, or
recommendations, that have the ability to influence physical or virtual environments.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure requirement. new text end

new text begin A person engages in an unfair or deceptive trade
practice when, in the course of business, the person fails to disclose that an individual is
communicating or interacting with artificial intelligence that engages in a textual or aural
conversation.
new text end

new text begin Subd. 3. new text end

new text begin Deceptive conduct. new text end

new text begin A person engages in an unfair or deceptive trade practice
when, in the course of business, the person misleads or deceives a reasonable individual to
believe the individual is engaging with an actual human and:
new text end

new text begin (1) the individual is not notified in a clear and conspicuous manner that the individual
is communicating with a computer; or
new text end

new text begin (2) the individual reasonably believes the individual is engaging with a human.
new text end

new text begin Subd. 4. new text end

new text begin Opt-out. new text end

new text begin A person who uses artificial intelligence in the course of business
must provide individuals with the option to communicate or interact with an actual human
instead of a computer.
new text end

new text begin Subd. 5. new text end

new text begin Remedies; enforcement. new text end

new text begin (a) An individual injured by a violation of this section
may bring a civil action for damages, statutory damages not to exceed $1,000, injunctive
relief, and costs and reasonable attorney fees.
new text end

new text begin (b) The attorney general may enforce this section under section 8.31. In an action brought
under this paragraph, a person is liable for a civil penalty not to exceed $5,000,000.
new text end