Washington state lawmakers recently passed House Bill 2225, legislation aimed at regulating “AI companion chatbots” made available to consumers. The bill is now before Washington’s Governor, Bob Ferguson, for signature. Passage of the bill comes on the heels of Oregon’s SB 1546, a similar piece of regulation passed by the Oregon legislature earlier this month.

Businesses providing an interactive AI chatbot feature to consumers, or that are considering doing so, will want to understand the new law. Below is a summary of the key provisions of HB 2225 and how they may impact your business.

1. High-Level Summary

HB 2225 establishes a regulatory framework for AI companion chatbots. The primary goal of the legislation is to ensure transparency about the nature of AI companion chatbots and to protect users—particularly minors—from emotional dependency, inappropriate content, and reinforcement of potentially harmful ideas (such as suicide).

2. What is an AI Companion Chatbot?

The law defines an “AI companion chatbot” or “AI companion” as “an artificial intelligence system with a natural language interface that provide adaptive, human-like responses to user inputs, including by exhibiting anthropomorphic features, and is capable of sustaining a relationship with a user over multiple interactions.” There are several exceptions:

• Internal Business Use: AI chatbots used only for internal business purposes are excluded if they do not sustain a relationship across multiple interactions and generative outputs likely to elicit emotional responses in the user.
• Video Game Features: The law provides an exception for video game/gaming system features (limited to game-related topics) that do not sustain relationships across multiple interactions and generative outputs likely to elicit emotional responses in the user.
• Electronic Device Virtual Assistants: The law does not apply to standard voice-activated virtual assistants built into stand-alone electronics devices (e.g., smart speakers) if they do not sustain a relationship across multiple interactions and generative outputs likely to elicit emotional responses in the user.
• Educational Tools: The law does not apply to educational tools used in school or instructional settings designed solely to support specific, curriculum-aligned learning objectives and do not provide ongoing conversational companionship.

3. Who Must Comply?

The law applies to “operators,” which includes any person, partnership, corporation, or entity that makes available or controls access to an AI companion chatbot for users in Washington state. Notably, the term “user” means a natural person that interacts with an AI companion chatbot for personal use and who is not an operator, developer, or one of their agents.

4. Key Requirements

A person or business that meets the definition of an “operator” must implement the following:

• Transparency Disclosures: Provide a clear and conspicuous disclosure that the user is interacting with an artificial intelligence chatbot at the beginning of the interaction and every three hours of continuous interaction.
• Protections for Minors: If the AI companion chatbot is directed toward or used by a person known by the operator to be a minor, the disclosure must be repeated every hour. Additionally, operators must prevent the AI from generating sexually explicit content and are prohibited from using “manipulative engagement techniques” (e.g., mimicking romantic bonds or soliciting gifts to “sustain” the relationship).
• Human Identity Prohibitions: The AI companion chatbot is prohibited from claiming to be human or generating output that conflicts with the required AI disclosures.
• Safety Protocols: Operators must establish, maintain, and publish protocols for detecting and responding to expressions of self-harm or suicidal ideation, including providing users with crisis resources.

5. Enforcement and Remedies

HB 2225 is enforced through the Washington Consumer Protection Act. A violation is deemed an “unfair or deceptive act in trade or commerce.”

• Private Right of Action: Significantly, the law includes a private right of action, allowing individual consumers to sue for violations. This mirrors the enforcement structure of Washington’s My Health My Data Act.
• Remedies: While the bill does not include fixed statutory damages, prevailing plaintiffs may seek actual damages, injunctive relief, and recovery of attorney’s fees and costs.

6. Effective Date

If the bill is signed by Governor Ferguson, the requirements of HB 2225 are scheduled to take effect on January 1, 2027.

If you have questions about HB 2225, please feel free to contact any of the attorneys listed below or the Focal attorney you primarily work with.

• Sean McChesney | sean@focallaw.com
• Barb Rhoads-Weaver | barb@focallaw.com