Does Washington AI Companion Chatbots Act (ESHB 2225) require Transparency & Disclosure?
Washington • enacted
Yes — 1 provision
Requirements at a glance
This regulation imposes 3 specific requirements for Transparency & Disclosure across 1 provision:
- Artificiality disclosure — Provide a clear and conspicuous disclosure that the AI companion chatbot is artificially generated and not human (Sec. 3(1))
- Disclosure timing — Provide the notification at the beginning of the interaction and at least every three hours during continued interaction (Sec. 3(2)(a)-(b))
- No human-claiming outputs — Implement reasonable measures to prohibit and prevent the chatbot from claiming to be human, including when asked, and from otherwise generating output that refutes or conflicts with the disclosure (Sec. 3(3))
AI Companion Chatbot Disclosure #
Washington's general disclosure is unconditional — unlike California SB 243 and Oregon ch. 85, it does not turn on whether a reasonable person would be misled, so every covered chatbot discloses at the start of the interaction and every three hours regardless of how obviously artificial it is. Sec. 3(3) adds a model-behaviour duty rather than a copy duty: the system must be constrained from claiming to be human when asked, which is an alignment requirement in statute. The educational-tools carve-out in Sec. 2(1)(b)(iv) has no California or Oregon analogue.
Requirements
| Requirement | Details |
|---|---|
| Artificiality disclosure | Provide a clear and conspicuous disclosure that the AI companion chatbot is artificially generated and not human (Sec. 3(1)) |
| Disclosure timing | Provide the notification at the beginning of the interaction and at least every three hours during continued interaction (Sec. 3(2)(a)-(b)) |
| No human-claiming outputs | Implement reasonable measures to prohibit and prevent the chatbot from claiming to be human, including when asked, and from otherwise generating output that refutes or conflicts with the disclosure (Sec. 3(3)) |
Penalties
| Violation | Fine |
|---|---|
| Consumer Protection Act predicate | A violation of the chapter is declared an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of the Consumer Protection Act, ch. 19.86 RCW (Sec. 6). The act itself sets no penalty amount |
| Attorney General enforcement | Via ch. 19.86 RCW: injunctive relief and civil penalties (RCW 19.86.080, RCW 19.86.140) |
| Private right of action | Via RCW 19.86.090 rather than this act — a person injured in business or property may sue for actual damages, treble damages at the court's discretion capped at $25,000, and reasonable attorney fees and costs |