HB306 • 2025

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE REGARDING COMMUNICATION WITH A COMPUTER.

Technology

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Romer
Last action: 2026-05-05
Official status: Senate Banking, Business, Insurance & Technology 5/5/26
Effective date: Not listed

Plain English Breakdown

The bill has passed the House but is currently assigned to a Senate committee; it has not yet been enacted into law, so the effective date (180 days after enactment) cannot be calculated until both chambers pass identical versions and the Governor signs or allows it without signature.

Delaware Computer Communication Disclosure Law

This bill makes it illegal to hide the fact that a consumer is talking to a computer instead of a human during sales if the situation could trick someone into thinking they are speaking with a real person.

What This Bill Does

Makes it an unlawful practice for sellers to fail to tell consumers they are interacting with computers, chatbots, AI agents, or avatars when those tools might make a reasonable person believe they are talking to a human during a commercial transaction.
Requires businesses to give clear and conspicuous warnings that the consumer is communicating with a computer; if both text and sound are used in the conversation, the warning must also be given in both text and sound.
Allows consumers who were not properly notified to sue for actual damages or up to $1,000 per violation, with class actions potentially reaching $10 million.
Gives the Attorney General power to stop these practices and seek civil penalties of up to $5 million in a single lawsuit.

Who It Names or Affects

Businesses that use chatbots, artificial intelligence agents, or avatars in sales conversations with customers where a human might be mistaken for real.
Consumers who interact with computer technology during commercial transactions in Delaware under circumstances where they could believe they are talking to a person.
The Attorney General's office, which can enforce the new rules and seek penalties.

Terms To Know

Artificial Intelligence (AI): A machine-based system that uses input to generate output like predictions, content, recommendations, or decisions that influence physical or virtual environments.
Avatar: A computer-generated entity or visual and auditory representation, such as a digital character or synthetic voice, that interacts with consumers on behalf of a person or business by simulating a persona or presence.
Chatbot: A computer program designed to simulate conversation with a human user, especially over the internet.

Limits and Unknowns

The law only applies when circumstances could cause a reasonable person to believe they are engaging with an actual human.
It does not apply if there is no commercial transaction involved in the conversation.
The specific date this law starts depends on when it officially becomes law, as it takes effect 180 days later.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Romer

Passed 5/5/26

Plain English: This amendment adds a rule that people can avoid breaking the law by clearly telling users at the start of every chat session that they are talking to a computer.

It requires anyone using an interactive system to say, 'You are interacting with a computer, not a human,' before each conversation starts.

The text does not explain what happens if someone fails to give this warning.
The amendment does not define exactly which types of conversations count as an 'interactive session' or how the message must be displayed beyond being clear and obvious.

HA 2

2 • Lynn

Stricken 5/5/26

Plain English: This amendment changes the law so that people who break computer communication rules can have to pay up to $5 million instead of just $1,000.

The maximum amount of money a court can order someone to pay for breaking this rule goes from $1,000 to $5 million.

HA 3

3 • Lynn

Passed 5/5/26

Plain English: This amendment changes how much money someone can get if they win a lawsuit about computer communication by setting a minimum award.

The law now says the winner gets either their actual financial loss or $1,000 in set damages.

Bill History

2026-05-05 Delaware General Assembly
Amendment HA 1 to HB 306 - Passed In House by Voice Vote
2026-05-05 Delaware General Assembly
Amendment HA 2 to HB 306 - Introduced and Placed With Bill
2026-05-05 Delaware General Assembly
Amendment HA 3 to HB 306 - Introduced and Placed With Bill
2026-05-05 Delaware General Assembly
Amendment HA 2 to HB 306 - Stricken in House
2026-05-05 Delaware General Assembly
Amendment HA 3 to HB 306 - Passed In House by Voice Vote
2026-05-05 Delaware General Assembly
Passed By House. Votes: 25 YES 12 NO 1 NOT VOTING 3 ABSENT
2026-05-05 Delaware General Assembly
Assigned to Banking, Business, Insurance & Technology Committee in Senate
2026-04-22 Delaware General Assembly
Amendment HA 1 to HB 306 - Introduced and Placed With Bill
2026-03-10 Delaware General Assembly
Reported Out of Committee (Technology & Telecommunications) in House with 5 On Its Merits
2026-03-05 Delaware General Assembly
Introduced and Assigned to Technology & Telecommunications Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE REGARDING COMMUNICATION WITH A COMPUTER.
This Act makes it an unlawful practice to engage in a commercial transaction with a consumer who interacts with computer technology, under circumstances where a reasonable person would believe that person is engaging with an actual human, without notifying the consumer that the consumer is communicating with a computer and not a human being.
It provides a private right of action for damages. It provides that a violation is an unlawful practice and prohibited trade practice. It permits the Attorney General to seek injunctive relief and a civil penalty of not more than $5 million dollars for violations.
This Act is effective 180 days after its enactment into law.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Romer & Sen. Townsend

Reps. Berry, Gorman, Griffith, Morrison, Harris; Sens. Sokola, Walsh

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 306

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE REGARDING COMMUNICATION WITH A COMPUTER.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 25N. Computer Communication Act

§ 2501N. Definitions.

For purposes of this chapter:

(1) “Artificial Intelligence” or “AI”

means a machine-based system that, for explicit or implicit objectives,

infers, from the input it receives, how to generate output such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. Different AI systems vary in levels of autonomy and adaptiveness after deployment.

(2) “Avatar” means a computer

generated entity or visual or auditory representation, including a digital character or synthetic voice, that communicates or otherwise interacts with a consumer on behalf of a person, business, or automated system, including by simulating a persona, identity, or physical presence.

(3) “Chatbot” means a computer program designed to simulate conversation with a human user, especially over the internet.

(4) “Clear and conspicuous” means, with respect to a disclosure, that the disclosure meets the following criteria:

a. For any content that is solely textual or solely aural, the disclosure must be made through the same means through which the content is presented.

b. For any content that is both textual and aural, the disclosure must be textual and aural.

c. A textual disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, must stand out from any accompanying text or other visual element so that the disclosure is easily noticed, read, and understood.

d. An aural disclosure must be delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure.

e. The disclosure must not be avoidable.

f. The disclosure must use diction and syntax understandable to a reasonable person.

g. The disclosure must not be contradicted or mitigated by, or inconsistent with, anything else in the communication.

§ 2502N. Deceptive computer communication trade practice.

It is an unlawful practice, whether or not a consumer is misled, deceived, or damaged as a result, for a person to engage, or attempt to engage, in a commercial transaction with a consumer when all of the following occur:

(1)

The consumer is communicating or otherwise interacting with computer technology, including a chatbot, artificial intelligence agent, or avatar, that engages in a textual or aural conversation and may mislead or deceive a reasonable person to believe they are engaging with an actual human.

(2) The circumstances of the communication or interaction may cause a reasonable person to believe that person is engaging with an actual human.

(3) The person fails to notify the consumer in a clear and conspicuous manner that the consumer is communicating with a computer and not a human being.

§ 2503N. Remedies.

(a) Any consumer subjected to a commercial transaction or trade practice in violation of § 2502N of this title may initiate a private right of action.

(b) A person found liable in a civil action brought under subsection (a) of this section faces a maximum liability of:

(1) Any actual damages as well as statutory damages not exceeding $1,000.

(2) In the case of a class action, $10 million.

(c) In addition to the foregoing, a violation of this chapter shall be deemed an unlawful practice under § 2513 of this title and a violation of subchapter II of Chapter 25 of this title. A civil penalty in any single cause of action may not exceed $5 million. Each interactive session is a separate violation of § 2502N of this title

(d) The remedies provided for in this chapter are not exclusive, and are in addition to any other procedures, rights, or remedies which exist with respect to any other provision of law.

Section 2. This Act takes effect 180 days after its enactment into law.

SYNOPSIS

This Act makes it an unlawful practice to engage in a commercial transaction with a consumer who interacts with computer technology, under circumstances where a reasonable person would believe that person is engaging with an actual human, without notifying the consumer that the consumer is communicating with a computer and not a human being.

It provides a private right of action for damages. It provides that a violation is an unlawful practice and prohibited trade practice. It permits the Attorney General to seek injunctive relief and a civil penalty of not more than $5 million dollars for violations.

This Act is effective 180 days after its enactment into law.