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AB 1609: Customer service chatbots

Requires large private businesses (over $500 million in national gross annual revenue) to disclose when a customer service chatbot is not human, and to give California customers a simple way to request a human customer service agent, with good-faith timing standards for connection and hold times.

Enacted2025–2026 Regular Session · Author: Assemblymember Zbur

Last reviewed

Short answer

What does California AB 1609 require?

AB 1609 bars large private businesses (more than $500 million in national gross annual revenue) from representing a customer service chatbot as human, requires an in-channel AI disclosure where a reasonable person is likely to be misled, and requires a simple way for California customers to request a human agent on all customer service platforms during at least regular business hours (Bus. & Prof. Code § 22625–Bus. & Prof. Code § 22627). A public prosecutor may enforce it; there is no private right of action (Bus. & Prof. Code § 22628).

Key takeaways

  • Status: enacted as Chapter 733, Statutes of 2026.
  • Takes effect (Cal. Const., art. IV, § 8(c)(1), opens in a new tab).
  • Good-faith effort to connect you to a human within 15 minutes, or a specific appointment within one business day (§ 22627(b)(1)). A longer wait alone doesn't establish a violation.
  • Civil penalty not exceeding $5,000 for an initial violation and $10,000 for each subsequent violation (§ 22628(b)).
What the law says

Official text and key dates

Chapter 733, Statutes of 2026. Adds Chapter 22.6.1 (commencing with Section 22625) to Division 8 of the California Business and Professions Code. (Bus. & Prof. Code §§ 22625–22629).

  1. Passed the Legislature (Assembly concurred in Senate amendments, 58–18)
  2. Enrolled
  3. Approved by the Governor and chaptered (Chapter 733, Statutes of 2026)
  4. Takes effect (Cal. Const., art. IV, § 8(c)(1))
What the law says

What the law says

Requirements, with exact citations

Restated from the chaptered text only. Each requirement cites its final subdivision.

Bus. & Prof. Code § 22625

Who and what is covered

The definitions that decide whether the law applies.

  • "Large private business" means a business with more than $500,000,000 in gross annual revenue nationally that provides goods and services to customers. (Bus. & Prof. Code § 22625(g))
  • "Customer" means a natural person residing in California; residence refers to the address associated with the customer's account. (Bus. & Prof. Code § 22625(b))
  • "Services" means services the customer pays for (one-time, subscription, fee, or recurring); free options or services are excluded, even if upgrades are available later. (Bus. & Prof. Code § 22625(j))
  • "Artificial intelligence" means an engineered or machine-based system that infers from the input it receives how to generate outputs. (Bus. & Prof. Code § 22625(a))
  • The section also defines "online customer service platforms"; see the chaptered text for the exact wording. (Bus. & Prof. Code § 22625(h))
  • The section also defines "telephonic customer service platforms"; see the chaptered text for the exact wording. (Bus. & Prof. Code § 22625(k))

Bus. & Prof. Code § 22626

Chatbot disclosure

No representing a chatbot as a person.

  • "Customer service chatbot" means an AI system with a natural language interface that provides adaptive, human-like responses and is used to provide direct customer service or support. (Bus. & Prof. Code § 22625(d))
  • A large private business shall not represent that a customer service chatbot is a human. (Bus. & Prof. Code § 22626(a))
  • It must provide a clear and conspicuous disclosure that the chatbot is artificially generated and not human if a reasonable person is likely to be misled into believing they are interacting with a human. (Bus. & Prof. Code § 22626(b))
  • The disclosure must be made in the medium in which the chatbot interacts with the customer. (Bus. & Prof. Code § 22626(c))

Bus. & Prof. Code § 22627

Human escalation feature

A simple way to request a person on every customer service platform.

  • During at least regular business hours, a large private business must provide a simple customer service feature, on all platforms through which it provides customer service (including online chatbot and telephonic platforms), that lets customers request to connect to a customer service agent. This is satisfied if customers can make the request through commonly understood commands, prompts, menu selections, or verbal requests. (Bus. & Prof. Code § 22627(a))
  • "Customer service agent" means a natural person (an employee, contractor, or representative) who provides direct customer service or support. (Bus. & Prof. Code § 22625(c))
  • "Regular business hours" means the hours the business customarily maintains customer-service functions, excluding days it is ordinarily closed and state or federal holidays. It includes a 10-hour period per day over a five-day week, or 8 hours per day for a full seven-day week. (Bus. & Prof. Code § 22625(i))

Bus. & Prof. Code § 22627

Connection timing (good-faith effort)

Two alternatives, both framed as a good-faith effort.

Our interpretation

The law requires a good-faith effort to connect you within 15 minutes or offer a specific appointment within one business day. A longer wait alone doesn't establish a violation.

Bus. & Prof. Code § 22627

Hold and wait after connection

Good-faith limits once you reach an agent.

  • Make a good-faith effort so the customer is not on hold or waiting more than 15 minutes at any time after connection with an agent, and so cumulative hold, wait, and escalation queues do not exceed one hour in total. (Bus. & Prof. Code § 22627(c))

Bus. & Prof. Code § 22627

Posting the phone number

For businesses with phone support that serve California online.

  • A business that provides goods or services in California through online platforms and also has telephonic customer service must post its customer service phone number clearly and conspicuously on its website. (Bus. & Prof. Code § 22627(d))

Bus. & Prof. Code §§ 22627–22628

Channel-specific exceptions (limited in scope)

Each applies only to what it names.

  • The 15-minute timing is not required for email, web contact forms, or voicemail. The rest of § 22627 still applies to the business. (Bus. & Prof. Code § 22627(e)(1))
  • A business is not required to offer a channel that was not otherwise available to customers as of January 1, 2027. (Bus. & Prof. Code § 22627(e)(2))
  • A business with no telephonic customer service as of January 1, 2027 need not add it, provided it offers methods to promptly connect with an agent consistent with § 22627. (Bus. & Prof. Code § 22628(e))

Bus. & Prof. Code § 22628

Good faith and circumstances beyond control

What satisfies the good-faith standard.

  • Commercially reasonable and practicable standards designed and intended to achieve compliance satisfy the "good faith effort" requirements. (Bus. & Prof. Code § 22628(c))
  • Inability to comply due to unforeseen circumstances beyond the business's reasonable control, or extraordinary or emergency situations (such as local or statewide emergencies, grid emergencies, public safety power shutoffs, or IT or telecommunications outages), is not a violation. (Bus. & Prof. Code § 22628(f))
What the law says

Who is exempt from AB 1609?

Under § 22628(g), the law does not apply to the following, each only on its own terms. An exemption doesn't exempt a business from other law; AB 1609's duties are cumulative with other law (§ 22629).

What this means for consumers

Our interpretation

What does AB 1609 mean for consumers?

  • • From January 1, 2027, if you live in California (based on your account address) and deal with a covered business, its chatbot can't claim to be human (§ 22626(a)).
  • • During at least regular business hours, you should be able to ask for a person, by typing or saying something common like "agent" or choosing a menu option, on every platform the business uses for customer service (§ 22627(a)).
  • • The business must make a good-faith effort to connect you within 15 minutes, or give you a specific appointment within one business day (§ 22627(b)(1)). A longer wait alone doesn't establish a violation.
  • • Once connected, it must make a good-faith effort to keep any single hold to 15 minutes and total hold and wait time to one hour (§ 22627(c)).
  • • You can't sue under this law yourself (§ 22628(d)); a public prosecutor may bring an action (§ 22628(a)).

Read: How to ask for a human under AB 1609

What this means for businesses

Our interpretation

What does AB 1609 mean for businesses?

  • • Confirm coverage: more than $500 million in national gross annual revenue (§ 22625(g)), customers with California account addresses (§ 22625(b)), and paid services (§ 22625(j)).
  • • Audit chatbot personas and add clear, in-channel AI disclosures where customers are likely to be misled (§ 22626).
  • • Offer a simple "request a human" path on every customer service platform, during at least regular business hours (§ 22627(a)).
  • • Design for a good-faith effort to connect within 15 minutes or offer a specific appointment within one business day, and monitor hold times (§ 22627(b)–(c)).
  • • If you serve California online and have phone support, post your customer service number clearly and conspicuously on your website (§ 22627(d)).
  • • Document commercially reasonable standards (§ 22628(c)) and your outage and emergency procedures (§ 22628(f)).
Our interpretation

What does AB 1609 not do?

  • It does not create a private right of action. Enforcement is by public prosecutors. (Bus. & Prof. Code § 22628(d))
  • It does not require the 15-minute timing for email, web contact forms, or voicemail. Other § 22627 duties still apply. (Bus. & Prof. Code § 22627(e)(1))
  • It applies only to large private businesses with more than $500 million in national gross annual revenue. (Bus. & Prof. Code § 22625(g))
  • It protects only customers residing in California, based on the address associated with their account. (Bus. & Prof. Code § 22625(b))
  • It does not require a business to offer a channel that was not otherwise available to customers as of January 1, 2027. (Bus. & Prof. Code § 22627(e)(2))
  • Its requirements do not apply to experiences before January 1, 2027, the date it takes effect. (Cal. Const., art. IV, § 8(c)(1))
Our interpretationOpen questions, not answers

Questions for legal review

The text doesn't settle these points on its face. We list them so readers know where interpretation is needed; we don't answer them. Consult counsel.

  1. How is "gross annual revenue nationally" measured for corporate groups and affiliates? (Bus. & Prof. Code § 22625(g))
  2. Who counts as a "customer" when there is no account address, for example prospective customers? (Bus. & Prof. Code § 22625(b); compare 22625(c)(1), (d)(1))
  3. Does "regular business hours" set a minimum number of hours, or describe what qualifies? (Bus. & Prof. Code § 22625(i))
  4. What do "one business day" and "one business hour" mean across time zones and weekends? (Bus. & Prof. Code § 22627(b))
  5. How do the per-hold and cumulative wait limits apply when the appointment alternative is used? (Bus. & Prof. Code § 22627(c))
  6. How is a "violation" counted for penalties: per interaction, per customer, or per practice? (Bus. & Prof. Code § 22628(b))
  7. When is a reasonable person "likely to be misled" for purposes of the disclosure duty? (Bus. & Prof. Code § 22626(b))
  8. What is the scope of "online customer service platforms," and how does it interact with the phone-number posting duty? (Bus. & Prof. Code § 22625(h); 22627(d))

Consumer guidance

Our interpretation

What to note if you have a difficult experience

  • The date, time and time zone
  • The channel (chat, phone, app or other platform)
  • The exact words you used to request a human
  • Whether a human or an appointment was offered, and when
  • How long each hold lasted after you were connected
  • Whether an AI disclosure was shown
  • Screenshots, but never passwords or full account numbers

Reporting on HumanHandoff opens soon, so you'll be able to share your experience. AB 1609 is enforced by a public prosecutor (§ 22628(a)). HumanHandoff is not a government agency or law firm, and sharing an experience with us is not a legal complaint.

Frequently asked questions

January 1, 2027. AB 1609 was enacted on September 28, 2026 at a regular session without an urgency clause, so it takes effect on January 1 following a 90-day period from enactment (Cal. Const., art. IV, § 8(c)(1)).

AB 1609's requirements don't apply to experiences before January 1, 2027, so those experiences can't be violations of it (Cal. Const., art. IV, § 8(c)(1)). They are still useful to share for research and education.

Large private businesses: those with more than $500,000,000 in gross annual revenue nationally that provide goods and services to customers (Bus. & Prof. Code § 22625(g)). It protects customers who are natural persons residing in California, based on their account address (§ 22625(b)). Some services and organizations are exempt, each only on its own terms (§ 22628(g)).

For covered businesses, yes. During at least regular business hours, the business must provide a simple feature on all platforms through which it provides customer service that lets you request to connect to a customer service agent, for example through commonly understood commands, prompts, menu selections, or verbal requests (§ 22627(a)).

The business must make a good-faith effort either to connect you to an agent within 15 minutes of your request (§ 22627(b)(1)(A)) or to give you a specific appointment time within one business day (§ 22627(b)(1)(B)). Businesses subject to 16 CCR § 1707.2 may instead return a phone call within one business hour (§ 22627(b)(2)).

Not automatically. The law requires a good-faith effort to connect you within 15 minutes or offer a specific appointment within one business day (§ 22627(b)(1)). Commercially reasonable and practicable standards designed to achieve compliance satisfy the good-faith requirement (§ 22628(c)); outages and emergencies beyond the business's control are not violations (§ 22628(f)); and some services are exempt (§ 22628(g)). A longer wait alone doesn't establish a violation; only a public prosecutor or a court can establish one (§ 22628(a)).

The business must make a good-faith effort so you are not on hold or waiting more than 15 minutes at any time after connection with an agent, and so cumulative hold, wait, and escalation queues do not exceed one hour in total (§ 22627(c)).

A large private business may not represent that a customer service chatbot is a human (§ 22626(a)). If a reasonable person is likely to be misled, it must clearly and conspicuously disclose that the chatbot is artificially generated and not human (§ 22626(b)), in the medium in which the chatbot interacts with you (§ 22626(c)).

Partly. The 15-minute timing is not required for email, web contact forms, or voicemail (§ 22627(e)(1)). That exception covers only the 15-minute timing; the other duties in § 22627 still apply to the business.

Not under AB 1609. It does not create a private right of action (§ 22628(d)). A public prosecutor may bring an action (§ 22628(a)), with civil penalties not exceeding $5,000 for an initial violation and $10,000 for each subsequent violation (§ 22628(b)). The law's duties are cumulative with other law (§ 22629).

Preparing a business for AB 1609?

Run the readiness self-assessment or work through the leader's checklist. Not a legal determination.

Check your readinessLeader's checklist

Primary source

California Legislative Information — AB 1609, chaptered text(opens in a new tab)

Adds Chapter 22.6.1 (commencing with Section 22625) to Division 8 of the California Business and Professions Code. Chaptered text.

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