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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5044 Introduced 2/10/2026, by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
| | | Creates the Chatbot Provider Liability Act. Provides that for purposes of the Act, chatbots are deemed products for the purpose of strict liability as other product liability actions. Provides that a chatbot provider has a duty to ensure that the use of its chatbot does not cause injury to a user and is liable for any injury it caused a user through the use of its chatbot regardless of whether the chatbot provider exercised all reasonable care in the design and distribution of the chatbot; or did not directly distribute the chatbot to the user or otherwise enter into a contractual relationship with the user. Provides that a user who is harmed by the actions of a chatbot provider under this Act may file a civil action in State or federal court seeking actual damages as allowed under Illinois law, injunctive relief, and reimbursement of reasonable attorney's fees and costs. |
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| | A BILL FOR |
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| | HB5044 | | LRB104 18201 JRC 31640 b |
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| 1 | | AN ACT concerning civil liability.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the |
| 5 | | Chatbot Provider Liability Act.
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| 6 | | Section 5. Definitions. As used in this Act: |
| 7 | | "Chatbot" means any artificial intelligence, as defined in |
| 8 | | the Digital Voice and Likeness Protection Act, algorithmic, or |
| 9 | | automated system that generates information via text, audio, |
| 10 | | image, or video in a manner that simulates interpersonal |
| 11 | | interactions or conversation. |
| 12 | | "Chatbot provider" means any person creating, |
| 13 | | distributing, or otherwise making available a chatbot. |
| 14 | | "User" means any natural person, regardless of age.
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| 15 | | Section 10. Cause of action. |
| 16 | | (a) For purposes of this Act, chatbots are deemed products |
| 17 | | for the purpose of strict liability as other product liability |
| 18 | | actions. A chatbot provider has a duty to ensure that the use |
| 19 | | of its chatbot does not cause injury to a user. |
| 20 | | (b) A chatbot provider is liable for any injury it causes a |
| 21 | | user through the use of its chatbot regardless of whether the |
| 22 | | chatbot provider exercised all reasonable care in the design |