CONSUMERS/PROTECTION: Provides relative to protections for minors regarding use of chatbots

HLS 26RS-2507 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 1188
BY REPRESENTATIVE CARLSON
CONSUMERS/PROTECTION: Provides relative to protections for minors regarding use
of chatbots
1 AN ACT
2 To enact Chapter 35 of Title 51 of the Louisiana Revised Statutes of 1950, to be comprised
3 of R.S. 51:2161 through 2163, relative to the use of companion chatbots by minors;
4 to provide for definitions; to provide for required consent of a parent or guardian; to
5 provide requirements relative to account termination; to provide certain consumer
6 protections for minors use of companion chatbots; to provide for penalties; to
7 provide a civil cause of action; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Chapter 35 of Title 51 of the Louisiana Revised Statutes of 1950,
10 comprised of R.S. 51:2161 through 2163, is hereby enacted to read as follows:
11 CHAPTER 35. PROTECTING MINORS FROM CHATBOT HARM ACT
12 §2161. Definitions
13 As used in this Chapter, the following terms have the meanings ascribed to
14 them in this Section:
15 (1) "Account holder" means an individual that opens an account with, or
16 creates a profile with, or is identified with a unique identifier by a companion chatbot
17 platform while that individual is using or accessing the platform, if that platform
18 knows or has reason to believe that individual is a resident of this state.
19 (2) "Artificial intelligence" means an engineered or machine-based system
20 that varies in its level of autonomy and that can, for explicit or implicit objectives,
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 1188
HLS 26RS-2507 ORIGINAL
1 infer from the input it receives how to generate outputs that influence physical or
2 virtual environments.
3 (3)(a) "Companion chatbot" means an artificial intelligence system with a
4 natural language interface that provides adaptive, human-like responses to user
5 inputs and is capable of meeting a user's social needs, including by exhibiting
6 anthropomorphic features and being able to sustain a relationship across multiple
7 interactions.
8 (b) "Companion chatbot" does not include any of the following:
9 (i) A bot used only for customer service or for a business's operational
10 purposes, productivity, or analysis related to source information, internal research,
11 or technical assistance.
12 (ii) A bot that is a feature of a video game, is limited to replies related to that
13 video game, and does not discuss topics related to mental health, self-harm, or
14 material harmful to minors, or maintain a dialogue on other topics unrelated to the
15 video game.
16 (iii) A stand-alone consumer electronic device that functions as a speaker
17 and voice command interface, acts as a voice-activated virtual assistant, and does not
18 sustain a relationship across multiple interactions or generate outputs likely to elicit
19 emotional responses in the user.
20 (4) "Companion chatbot platform" means a platform that allows a user to
21 engage with a companion chatbot.
22 (5) "Material harmful to minors" has the same meaning as defined in R.S.
23 51:2121.
24 (6) "Minor" means any person who has not attained the age of eighteen years.
25 §2162. Requirements for companion chatbot platforms
26 A. A companion chatbot platform shall prohibit a minor from entering into
27 a contract with the platform to become an account holder or from maintaining an
28 existing account, unless the minor's parent or guardian provides consent for the
29 minor to become an account holder or maintain an existing account.
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 1188
HLS 26RS-2507 ORIGINAL
1 (1) If the minor's parent or guardian provides consent for the minor to
2 become an account holder or maintain an existing account, the companion chatbot
3 platform shall allow the consenting parent or guardian of the minor account holder
4 to do all of the following:
5 (a) Obtain copies of all interactions between the account holder and the
6 companion chatbot.
7 (b) Limit the amount of time that the account holder may interact with the
8 companion chatbot each day.
9 (c) Limit the days of the week and the times during the day when the account
10 holder may interact with the companion chatbot.
11 (d) Disable any of the interactions between the account holder and
12 third-party account holders on the companion chatbot platform.
13 (e) Receive timely notifications if the account holder expresses to the
14 companion chatbot a desire or an intent to engage in self-harm or to harm others.
15 (2) A companion chatbot platform shall do all of the following:
16 (a) Terminate an account belonging to an account holder who is a minor if
17 the companion chatbot platform treats or categorizes that account as belonging to a
18 minor for purposes of targeting content or advertising and if the minor's parent or
19 guardian has not provided consent for that minor to become an account holder or to
20 maintain an existing account. The companion chatbot platform shall provide ninety
21 days for the account holder to dispute the termination. Termination shall be effective
22 upon the expiration of the ninety-day period if the account holder fails to effectively
23 dispute the termination.
24 (b) Allow an account holder who is a minor to request termination of the
25 account. Termination shall be effective within five business days of the request.
26 (c) Allow the consenting parent or guardian of an account holder who is a
27 minor to request that the minor's account be terminated. Termination shall be
28 effective within ten business days following the request.
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 1188
HLS 26RS-2507 ORIGINAL
1 (d) Permanently delete all personal information held by the companion
2 chatbot platform relating to the terminated account, unless state or federal law
3 requires the platform to maintain the information.
4 B. In connection with all accounts held by account holders who are minors,
5 a companion chatbot platform shall do all of the following:
6 (1) Disclose to the account holder that he is interacting with artificial
7 intelligence.
8 (2) Provide by default a clear and conspicuous notification to the account
9 holder, at the beginning of companion chatbot interactions and at least once every
10 hour during continuing interactions, reminding the minor to take a break and that the
11 companion chatbot is artificially-generated and not human.
12 (3) Institute reasonable measures to prevent its companion chatbot from
13 producing or sharing material harmful to minors or encouraging the account holder
14 to engage in any of the conduct described or depicted in materials harmful to minors.
15 §2163. Penalties; unfair trade practice; cause of action
16 A.(1) A knowing or reckless violation of this Chapter is deemed a deceptive
17 or unfair trade practice or act pursuant to the Unfair Trade Practices and Consumer
18 Protection Law, R.S. 51:1401 et seq.
19 (2) If the attorney general has reason to believe that a companion chatbot
20 platform is in violation of this Chapter, the attorney general may bring an action
21 against that platform for a deceptive or unfair trade practice or act.
22 (3) In addition to other remedies provided for in this Section, the attorney
23 general may impose a civil penalty of up to fifty thousand dollars per violation as
24 well as reasonable attorney fees and court costs.
25 (4) If the companion chatbot platform's failure to comply with this Chapter
26 is part of a consistent pattern of knowing or reckless conduct, punitive damages may
27 be assessed against the companion chatbot platform.
28 B.(1) A companion chatbot platform that knowingly or recklessly violates
29 this Chapter shall be liable to a minor account holder for up to ten thousand dollars
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 1188
HLS 26RS-2507 ORIGINAL
1 in damages, as well as court costs and reasonable attorney fees, as ordered by the
2 court.
3 (2) A civil action for a claim pursuant to this Subsection may be brought
4 within two years of the date the complainant knew, or reasonably should have
5 known, of the alleged violation.
6 (3) An action brought pursuant to this Subsection may be brought only on
7 behalf of a minor account holder.
8 C. For purposes of bringing an action in accordance with this Chapter, a
9 companion chatbot platform that allows a minor account holder in this state to create
10 an account on the platform is considered to be both engaged in substantial and not
11 isolated activities within this state and operating, conducting, engaging in, or
12 carrying on a business and doing business in this state, and is therefore subject to the
13 jurisdiction of the courts of this state.
14 D. If a companion chatbot platform allows a minor account holder to use that
15 companion chatbot platform, the parties have entered into a contract.
16 E. This Section does not preclude any other available remedy at law or
17 equity.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1188 Original 2026 Regular Session Carlson
Abstract: Provides that companion chatbot platforms shall not allow minors to use the
platforms without parental consent and provides protections for minors who use
companion chatbots with parental consent.
Proposed law defines "account holder", "artificial intelligence", "companion chatbot",
"material harmful to minors", and "minor".
Proposed law provides that a companion chatbot platform shall prohibit a minor from
entering into a contract with the platform to become an account holder or from maintaining
an existing account, unless the minor's parent or guardian provides consent for the minor to
become an account holder or maintain an existing account.
Proposed law provides that if a minor's parent or guardian consents for the minor to use the
companion chatbot platform, that platform shall allow that parent or guardian to do all of the
following:
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 1188
HLS 26RS-2507 ORIGINAL
(1) Obtain copies of all interactions between the account holder and the companion
chatbot.
(2) Limit the amount of time that the account holder may interact with the companion
chatbot each day.
(3) Limit the days of the week and the times during the day when the account holder
may interact with the companion chatbot.
(4) Disable any of the interactions between the account holder and third-party account
holders on the companion chatbot platform.
(5) Receive timely notifications if the account holder expresses to the companion
chatbot a desire or an intent to engage in self-harm or to harm others.
Proposed law provides account termination procedures in the event that a minor's parent or
guardian does not consent to the minor's use of the chatbot.
Proposed law provides that a companion chatbot platform shall provide minors who use the
platform with certain warnings and content restrictions.
Proposed law specifies that a violation of proposed law is a deceptive or unfair trade
practice.
Proposed law provides for fines and penalties for violations of proposed law, a civil cause
of action, and bases for jurisdiction.
(Adds R.S. 51:2161-2163)
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.