Massachusetts

Summary

Massachusetts has no enacted AI-specific statute governing chatbot disclosure, crawler/training-data rules, or general automated-decision-making as of mid-2026. The Commonwealth's AI-behavior compliance framework is enforcement-driven: the Attorney General's April 2024 Advisory confirmed that the broad consumer-protection authority of Chapter 93A, the Massachusetts anti-discrimination statutes, and the 201 CMR 17.00 data-security standards all apply to AI systems and automated-decision tools. The AG advisory explicitly warns that AI-driven deception, algorithmic discrimination, and inadequate AI data-security are actionable under existing law — making Chapter 93A one of the most aggressive general-AI-enforcement vehicles of any state (private right of action, treble damages). The active 2025–2026 legislative docket is large: the Senate-passed Massachusetts Data Privacy Act (S.2608) includes opt-out rights for automated profiling; SD.3007 / HD.4827 would ban algorithmic discrimination in consequential decisions; H.81 and HD.1222 would require disclosure of AI-generated content; H.5093 / H.5094 (AI in election advertising, passed by the House in February 2026) are pending in the Senate; and S.2632 (AI limits in healthcare utilization review) was reported favorably out of committee. A temporary provision requiring AI disclosure in political advertising (enacted as part of H.B. 5100 in November 2024) expired February 1, 2025 without taking effect in any election.