Bug In The Bot: Businesses' Liability For False Or Misleading Representations By Their Chatbots – A Québec Perspective (Part I)

Do you use chatbots to provide services to your customers or employees? Or are you thinking about implementing one? If so, you have come to the right place. In this multi-part series, we explore the key legal considerations of setting up and maintaining a chatbot. Up first: our commentary of a recent decision in British Columbia and what it means for businesses in Québec.

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“Hi! I will be assisting you today. How can I help?” asks the chatbot.

Frustrated customers answer the prompt, vigorously detailing their problems (possibly with expletives) as if the chatbot were a real employee of the business they are dealing with. However, chatbots are not human; they are computer programs that simulate human conversation – often using generative AI.¹ Businesses use chatbots to engage with an unlimited number of customers in a personal way and resolve their issues at a fraction of the cost associated with actual human interaction. But what happens when the chatbot