Anyone who has tried to ask for a refund, contest a charge or solve a problem with a delivery knows the situation: the customer service proposes a series of automatic answers, no solves the problem and talking to a person becomes practically impossible. In New York this system could soon be sanctioned.
Yesterday, Tuesday, October 20, Mayor Zohran Mamdani and the Department of Consumer and Worker Protection (DCWP), the municipal consumer protection agency, presented a proposal for a regulation that would oblige companies to ensure effective assistance even when using chatbots and automated systems.
The new provisions would not prohibit artificial intelligence in customer services. Companies may continue to use chatbots, telephone responders and other automatic tools, but they should clearly inform users who are interacting with a car. Especially, when the system fails to provide adequate response, the customer should be able to easily switch to a human operator.
The proposal also concerns cases where a company advertises a service that, in fact, does not work. They would be considered incorrect practices the answers repeatedly irrelevant or wrong, as well as the automatic paths that constantly send the consumer to the same point without facing his request.
The Municipality defined these customer service doom loops situations, an expression that indicates the unexitable paths in which users remain trapped between telephone menus and automatically generated responses.
The problem is not just about time lost. Ineffective care can prevent you from recovering money, correcting an invoice or quickly solving a health issue. In the statement issued by DCWP, Commissioner Samuel Levine cites among the examples the difficulties in renewing a prescription, fixing a student loan or obtaining a substantial refund.
According to a study by the consulting firm Gartner recalled by the Municipality, chatbots resolve only 17 percent of billing disputes themselves. The percentage rises to 58 percent per return or cancellation requests. The results therefore vary greatly according to the type of problem that is subjected to the system.
Another part of the regulation concerns the responsibilities of companies. If a chatbot provides false information or violates consumer protection rules, the company that uses it could not justify itself by attributing error to technology. The principle had already been reiterated by the city administration in an official communication of 1 October.
Violations could result in administrative sanctions from $525, as well as the obligation to compensate damaged consumers.
However, not all companies operating in the United States would be subject to new provisions. As Bloomberg Law explained, those under federal jurisdiction would remain excluded, such as airlines and national banks.
The proposal has already aroused some perplexity among the representatives of enterprises. Steven Fulop, president of the Partnership for New York City, noted that it is not yet clear with what criteria will be established if a chatbot provided adequate assistance. According to Fulop, uncertainty could increase legal costs and risks for companies.
The rules, for the moment, are not in force. The text was published on 20 October and citizens, enterprises and associations may submit observations until 19 November 2026, the day when a public hearing is planned. The modes to participate are available on the official portal NYC Rules.
After consultation, the Department will evaluate any changes before final approval. If the regulation comes into force, New York could become the first American city to introduce specific sanctions against automated customer services that do not offer adequate assistance.
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