Attorney General Advisory on the Application of the Commonwealth's Consumer Protection, Civil Rights, and Data Privacy Laws to Artificial Intelligence (April 16, 2024)

Summary

Attorney General Andrea Joy Campbell issued an advisory to developers, suppliers and users of AI and algorithmic decision-making systems explaining how existing Massachusetts law applies to them. Under the Consumer Protection Act (G.L. c. 93A, § 2) and its regulations, the advisory lists practices it treats as unfair or deceptive, including falsely advertising an AI system's quality or usability, supplying a system that is defective or unfit for its advertised purpose, and misrepresenting reliability or performance, for example untested claims that a system is free from bias or performs as accurately as a human. AI systems must comply with the data security standards under G.L. c. 93H. The advisory states that the Anti-Discrimination Law (G.L. c. 151B, § 4) bars deploying technology that discriminates on a protected characteristic, including algorithmic decision-making that uses discriminatory inputs or produces discriminatory results, and that such violations may also be unfair or deceptive under c. 93A. It also notes that the federal Equal Credit Opportunity Act's adverse action notice requirements apply to creditors that use AI models. The advisory explains existing law; it is not a new statute.

Key dates

1. 2024-04-16 (date of issue)Takes effect
2. October 16, 2026Checked against sources
3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. The Office of the Attorney General (“AGO”) issues this Advisory to provide guidance to developers, suppliers, and users of artificial intelligence and algorithmic decision-making systems

   Supports: Issuer and audience

   Falsely advertise the quality, value, or usability of AI systems.

   Supports: Unfair or deceptive practice listed

   This includes algorithmic decision-making that relies on or uses discriminatory inputs and that produces discriminatory results

   Supports: Anti-discrimination law applies to algorithmic decisions

   covered creditors must provide accurate and specific reasons to consumers indicating why their loan applications were denied, including in circumstances where the creditor uses AI models.

   Supports: Credit adverse action notices

   Attorney General Advisory on the Application of the Commonwealth's Consumer Protection, Civil Rights, and Data Privacy Laws to Artificial Intelligence Massachusetts Office of the Attorney General Primary source

2. 4/16/2024

   Supports: Date of issue

   The advisory clarifies that existing state consumer protection, anti-discrimination, and data security laws apply to emerging technology, including AI systems, just as they would in any other context.

   Supports: Purpose

   AG Campbell Issues Advisory Providing Guidance On How State Consumer Protection And Other Laws Apply To Artificial Intelligence Massachusetts Office of the Attorney General Primary source